Appeal No. 96-0676
Application 07/963,165
compounds and
if so, it is not clear how many heteroatoms and they have and
how they are bonded (answer, pages 6-7).
The term “aryl” refers to an organic radical derived from
an aromatic hydrocarbon by removal of one hydrogen, i.e., a
radical having the ring structure characteristic of benzene or
the condensed six-carbon rings of the other aromatic
derivatives. The examiner has not explained, and it is not5
apparent, why the definition of this term encompasses
heterocyclic aromatic compounds. Furthermore, even if the
term were broad enough to include heterocyclic aromatics, the
examiner has not explained why the term would have caused
appellants’ claims to fail to set out and circumscribe a
particular area with a reasonable degree of precision and
particularity. A claim is not indefinite merely because it is
broad. See In re Gardner, 427 F.2d 786, 788, 166 USPQ 138,
140 (CCPA 1970) (“Breadth is not indefiniteness.”); In re
5The Condensed Chemical Dictionary 90 (Van Nostrand
Reinhold, 10th ed. 1981); McGraw-Hill Dictionary of Scientific
and Technical Terms 107 (McGraw-Hill, 2d ed. 1978); Hackh’s
Chemical Dictionary 78 (McGraw-Hill, 3d ed. 1944).
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007