Appeal No. 97-2168
Application No. 08/382,120
3 4
“aryl” has a common and definite meaning which the
specification does not controvert and that meaning does
not include groups with only 5-membered carbocyclic
rings. It is clear that R is defined as “selected from2
the group consisting of aryl, substituted aryl, and
heteroaryl” (specification, p. 3, lines 23-24) but that
is not how the claims now read. The inconsistency should
be clarified. This can be accomplished, and this
rejection overcome, by inserting the aforementioned
missing recitation.
specification – cannot be ‘open-ended’.”
3See the definitions of "aryl" set forth by the authorities
listed in footnote 3 of In re Sus, 306 F.2d 494, 498, 134
USPQ 301, 304 (CCPA 1962).
4“Irrespective of whether the term ‘aryl’ is restricted to
an organic radical derived from an aromatic hydrocarbon by
the removal of one atom; e.g., phenyl from benzene, or
could be read as inclusive of the tolyl radical (CH C H M),
36 4
it is believed apparent that the claims’ use of the three
terms ‘aryl’, aralkyl’ and alkaryl’ clearly indicates the
intended scope of the substituent groups.” Ex parte
Scherberich, 201 USPQ 397 (BPAI 1977).
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