Ex parte FU et al. - Page 8




          Appeal No. 95-2233                                                          
          Application 07/978,014                                                      


          terminology in the claims is misdescriptive and does not                    
          particularly point out and distinctly claim the subject matter              
          which the applicants regard as their invention.  For example, “a            
          copolymer of polyvinylpyrrolidone and vinyl acetate” recited in             
          claim 4 and encompassed in claim 2, is incorrect.  The correct              
          terminology is “a copolymer of vinyl pyrrolidone and vinyl                  
          acetate” as described in the specification, Example 2.                      
          Furthermore, “a mixture of the graft copolymer of polyvinyl-                
          pyrrolidone and butene, and vinyl acetate” recited in claim 5 is            
          incorrect.  That claim should recite instead “a mixture of the              
          graft copolymer of polyvinylpyrrolidone and butene and a                    
          copolymer of vinylpyrrolidone and vinyl acetate”.  Again, for the           
          same reasons, we find that the mixture of “graft copolymer and              
          vinyl acetate” recited in claim 6 is misdescriptive.  Instead,              
          applicants should recite a mixture of graft copolymer and a                 
          copolymer of vinylpyrrolidone and vinyl acetate.                            
               Referring again to the specification, applicants use the               
          terminology “a copolymer of vinylpyrrolidone and vinyl acetate”             
          and “polyvinylpyrrolidone grafted with butene” or mixtures                  
          thereof.  See the specification, page 7, Examples 2, 3 and 4.  If           
          the claims were amended to limit the binder, using that same                
          terminology, it follows that the rejection entered under 37 CFR             

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