Appeal No. 97-0226
Application No. 08/441,965
linking bonds is apparent from a formula which defines the
claimed complex. When any one of these R groups is linked to
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carboxylic acid group of the complex, five bonds will be
present on the carbon atom of the carboxylic acid group.
Compare Answer, pages 5 and 6, with Brief, page 5. Thus, we
conclude that the scope of claim 9 is unambiguous to those
skilled in the art.
The examiner, referring to claim 16, also argues that
"[i]t is not clear what the claimed compound
dimethylaminopropanol methyl methacrylate is." See Answer,
page 6. The examiner, however, has not demonstrated that the
meaning of the expression "dimethylaminopropanol methyl
methacrylate" is not known to those skilled in the art. See
Answer, pages 6, 8 and 9. A mere fact that Chemical
Abstract's Registry does not, mention dimethyl aminopropenol
methyl methacrylate would not, by itself, render such an
expression indefinite. Note also that the examiner’s
reference to the nomenclature of dimethylaminopropanol methyl
methacrylate at pages 8 and 9 of the Answer further negates
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