Appeal No. 2007-0301
Application No. 10/277,435
Moreover, the specification uses Naugard 445, which the examiner
asserts is considered to be a hindered amine light stabilizer, as a comparative
example, yet that compound does not contain a piperidine group. Finally,
the examiner cites Furuta,2 which discloses at paragraph [0223] that
octylated diphenylamine, a compound that is analogous to Naugard 445, is a
hindered amine light stabilizer.
Appellant relies on page 5 of the specification to support his position
that all hindered amine light stabilizers are derivatives of 2, 2, 6, 6-
tetramethyl piperidine. That section of the specification states:
Hindered amine light stabilizers (HALS) are well known
in the art. Tinuvin 765 (Ciba Geigy) is a (1,2,2,6,6-
pentamethyl-4-piperidinyl) sebacate mixture. While there are a
number of different HALS available on the market today, they
are similar in chemistry and function, and tend to differ
primarily in physical attributes, such as melting point, volatility,
and concentration of active species.
During ex parte prosecution, claims are to be given their broadest
reasonable interpretation consistent with the description of the invention in
the specification. See In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320,
1322 (Fed. Cir. 1989). We find that the interpretation of the phrase
2 Furuta et al. (Furuta), US 2003/0220444 A1, published November 27,
2003.
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