Appeal No. 94-2973
Application No. 07/956,529
include polyvinyl alcohols” is of no moment (Brief, p. 6;
emphasis in original). In re Baxter, 656 F.2d 679, 686, 210 USPQ
795, 802 (CCPA 1981) (“the term ‘comprises’ permits the inclusion
of other steps, elements, or materials”).
Appellant further argues that (Brief, p. 8):
Shioji does not teach or suggest a method of preparing
a stable slurry of magnesium hydroxide using a
combination of 0.2 to about 20 percent by weight based
on the weight of magnesium hydroxide of one or more of
the polymeric anionic dispersants recited in
Applicant’s Claim 22 together with 0.2 to about 20
percent by weight based on the weight of magnesium
hydroxide of one or more water-soluble alkali metal
salts.
Shioji discloses that the combination of both (a) the
carboxyl group-containing water-soluble polymer and (b) the
water-soluble condensed phosphate are present in an amount of
from 0.1 to 2 parts by weight, based on 100 parts by weight of
the inorganic pigment (col. 7, lines 18-26). The amounts
disclosed in Shioji fall within the range recited in claim 22.
See In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936
(Fed. Cir. 1990)(where the difference between the claimed
invention and the prior art is a range the applicant must show
that the particular range is critical, generally by showing that
the claimed range achieves unexpected results relative to the
prior art range).
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