Appeal No. 95-4754
Application No. 08/111,905
wherein R is hydrogen or methyl, R and R independently of1 2 3
one another are each an alkyl of 1 to 9 carbon atoms, and R4
is hydrogen or methyl. In order to arrive at appellants’
single claimed additive one of ordinary skill in the art would
have to make appropriate choices for each of R through R . In1 4
particular the independent choice of R and R would require2 3
choosing the appropriate number of carbons from 1 to 9, the
appropriate structural isomer and the appropriate attachment
point for each possible alkyl radical. Thereafter one would
have to exercise a further choice as to the presence of
sufficient vinyl cyanide compound to meet appellants’ claimed
limitations. Based upon the above considerations we conclude
that the likelihood of arriving at appellants’ claimed
composition is extremely unlikely.
All proper double patenting rejections rest on the fact
that a patent has been issued and a later issuance of a second
patent will continue protection beyond the date of expiration
of the first patent of the very same invention claimed therein
or of a mere variation of that invention which would have been
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007