Appeal No. 95-5080
Application 07/952,122
See also U.S. Patent No. 3,496,250 in appellants' specification
(page 6, line 18).
II. Claims 1-4, 6-13 and 15-21 stand rejected under 35 U.S.C.
§ 112, second paragraph as being indefinite. We reverse this5
rejection.
The examiner complains that the metes and bounds of the
viscosity of the epoxy resin is unclear since the parameters of
the term a "low" viscosity cannot be ascertained.
The term "low" is a relative term. However, relative
terms are not per se indefinite. It must be determined whether
the specification provides a standard for measuring the degree.
Seattle Box Company, Inc. V. Industrial Crating & Packing, Inc.,
731 F.2d 818, 826, 221 USPQ 568, 574 (Fed. Cir. 1984); and In re
Marosi, 710 F.2d 799, 802, 218 USPQ 289, 292 (Fed. Cir. 1983).
Here, the specification at page 4, last two lines, indicates that
the viscosity of liquid and low viscosity epoxy resins at 25 Co
does not exceed a value of 20,000mPa@s. We find the standard
given in the specification to be sufficient.
The examiner also rejected these claims with respect to5
the term "naphthaline". This rejection was dropped by the
examiner. See Supplemental Examiner's Answer (page 2).
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007