Appeal No. 95-1711
Application No. 08/063,819
ceramics, and sugars would be inoperable in the instant
invention, appellant points out that the claims require the
provision of an injection molding material “capable of being
molded in an injection molding apparatus.” Moreover, the
examiner should be aware that it is not the function of patent
claims to specifically exclude possibly inoperative
enbodiments. In re Geerdes, 491 F.2d 1260, 1265, 180 USPQ
789, 793 (CCPA 1974). Accordingly, the examiner’s rejection
under
35 U.S.C. § 112, first paragraph, is also reversed.
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