Appeal No. 95-4914
Application No. 08/036,116
All appealed claims stand rejected under 35 U.S.C. § 112,
first paragraph, written description requirement, on the
grounds that the specification as originally filed only
describes the surfactant component of the oil droplets as a
non-ionic surfactant, and thus does not reasonably convey to
the skilled artisan that the applicants had possession of the
broader genus now claimed, i.e., "surfactants". We agree with
appellants that the disclosure in the specification at page 9,
lines 17-21 provides reasonable descriptive support for the
now more broadly claimed "surfactant" component. We also
agree with appellants that the language in appealed claim 3
that a medium chain length triglyceride oil "comprises a chain
length of 8 to 12 carbons" is supported by the specification
at page 3, lines 25-30. We, therefore, reverse the "written
description" rejections of the appealed claims.
THE 35 U.S.C. § 112, FIRST PARAGRAPH, ENABLEMENT
REJECTIONS
Appealed claims 3 and 30 also stand rejected under 35
U.S.C. § 112, first paragraph, "enablement requirement". See
the answer at page 6. We reverse these rejections essentially
for the reasons set forth in the brief at pages 8-11.
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