Appeal No. 95-3082
Application No. 08/117,546
Farm & Family Ctr., 99 F.3d 1568, 1572, 40 USPQ2d 1619, 1622
(Fed. Cir. 1996). The ordinary chemical dictionary meaning of
the term “phenol” is a class of aromatic organic compounds in
which one or more hydroxy groups are attached directly to the
benzene ring. 6
Therefore our inquiry as to whether Hosaka anticipates
the subject matter of appealed claim 13 must focus on the
subject matter encompassed by the claim, as discussed above,
and what subject matter is described by the reference. Hosaka
describes hundreds of esters of 1,2-naphthaquinone diazide in
columns 4-5 but the pyrone and diazine esters would not have 7
been considered “phenol esters” by the artisan in view of the
ordinary meaning of this term as discussed above.
Furthermore, Hosaka teaches that additional esters of 1,2-
quinonediazides can be found in the same reference book as
cited by appellant on page 11 of the specification (see column
6 See The Condensed Chemical Dictionary, 10th Ed., Hawley,
p. 796, Van Nostrand Reinhold Co., 1981, a copy of which is
attached to this decision.
7See column 5, lines 40-46. Pyrones and diazines are
considered heterocyclic groups and neither per se contains a
benzene ring.
7
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