Appeal No. 95-1999
Application No. 08/047,381
OPINION
Appellants submit that the claims on appeal can be
divided into two different groups. Group I including claims
39 through 41 contained the transitional phrase, "comprising."
Group II including claims 42 through 44 contained the
transitional phrase, "consisting essentially of." In contrast
to appellants’ position, our decision is based upon issues,
which, in our analysis, are common to and shared by each of
the claims before us. Accordingly, we do not find it
necessary to separately discuss the two groups of claims
established by appellants. We will therefore, substantially
confine our discussion to that of claim 39.
Foley teaches a contact lens forming composition
containing the three requisite components of the claimed
invention: a bifunctional acrylic acid ester, an initiator
system and a styrene type monomer. The bifunctional acrylic
acid ester is disclosed in column 2, lines 30-38 and typically
2(...continued)
examiner indicated that, upon appeal, claims 39 through 44
would be entered. However, entry of claims 45 through 47 was
refused. Accordingly, only claims 39 through 44 are before us
for our consideration.
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