Appeal No. 1995-4243
Application 07/924,591
that there is no basis in the originally filed disclosure for
the composition “comprising” the three ingredients recited in
claim 11 on appeal since the boron to silica ratios are
inherent to the composition only when three ingredients are
present, i.e., when the claim is closed to other ingredients.
Appellant argues that the basis for claim 11 on appeal is
evident from the specification at page 8. However, the ranges
recited in claim 11 on appeal, derived from the examples in
the table on page 8 of the specification, possess an inherent
boron to silica ratio only when the composition is limited to
“consisting of” language, i.e., the three ingredients recited
in the table. As previously noted on pages 9-10 of the
decision, there is no other basis for the boron to silica
ratios recited in independent claim 14.
We do not find in the Request any argument convincing us
of error in the conclusions we reached in our decision.
Accordingly, appellant’s Request for Rehearing is denied.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
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