Interference No. 103,303
the composition of said copolymer" which is recited in claims
1 and 2. Since these claims are not patentable to the party
Galimberti et al. since it lost the priority contest, the
question of the patentability of these claims under 35 U.S.C.
§ 112, first paragraph, is moot. However, for the sake of
completeness, we will review the matter.
The range between 13% to 23%, recited in claim 1, and
dependent claim 2, is not described haec verba in the
Galimberti et al. specification. It is not disputed by the
party Asanuma et al. that the party Galimberti et al.'s
repeats of its examples 1 and 2, respectively, showed two
points, 13.33% and 23.33%. The party Galimberti et al.
rounded these two points to 13% and 23% and added the
limitation in question as a range "between 13 to 23%" to its
claim 1.
We agree with the party Asanuma et al. that the
Galimberti et al. patent specification does not contain a
written description for the range "between 13 to 23%." The
recited range does not include the endpoints, 13% and 23%,
because the term "between" means that the values must be
intermediate to the endpoints.
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