Ex parte REY et al. - Page 5



            Appeal No. 97-2168                                                        
            Application No. 08/382,120                                                




            teachings of the prior art and of the particular                          
            application disclosure as it would be interpreted by one                  
            possessing the ordinary level of skill in the pertinent                   
            art.”  In re Moore, 439 F.2d 1232, 1235, 169 USPQ 236,                    
            238 (CCPA 1971).  The specification not only refers to                    
            “groups derived from carbohydrates containing a pyranosyl                 
            or furanosyl ring” in defining carbohydrate derivatives                   
            but provides examples (specification, p. 4, lines 33-36).                 
            One of these derivatives is used in Example 25 (p. 35,                    
            lines 28-29) to illustrate the invention.  In light of                    
            this, the recitation “derived from” is sufficiently                       
            defined.  While it is true that this term gives the                       
            claims considerable breadth, breadth is not synonymous                    
            with indefiniteness.  See In re Gardner, 427 F.2d 786,                    
            166 USPQ 138 (CCPA 1970). Regarding the use of the term                   
            “groups”, when read in the context of the entire phrase,                  
            and in view of the examples recited in the specification                  
            (e.g., page 4, lines 29-32), the “groups” are those which                 
            are mono- or bicyclic aromatic and have 5 or 6 atoms in                   

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