Ex parte NOONE et al. - Page 6




          Appeal No. 1995-1703                                                        
          Application 07/897,304                                                      


          a specification which as originally filed does not support the              
          invention now claimed.                                                      
                                                                                     
               In rejecting claims 1, 2, 4 through 15 and 18 through 21               
          under 35 U.S.C. § 112, first paragraph, as being based on a                 
          specification which does not provide an adequate written                    
          description of the claimed invention, the examiner explains                 
          that                                                                        


               the specification fails to provide an adequate                         
               written description of a thermoplastic having an                       
               elongation value of at least 150% and an ability to                    
               withstand impacts of at least 2ft/lbs at                               
               temperatures below about -20EC.  The materials                         
               SANTOPRENE, KRATON, SARLINK, and VICHEM have not                       
               been adequately described (see MPEP 608.01(v).                         
               Since no thermoplastic material is adequately                          
               described in the specification, the claims are not                     
               supported by the specification [main answer, pages 5                   
               and 6].                                                                

          In connection with the first of these points, the examiner                  
          adds that “not only must this material have an ability to                   
          withstand impacts of at least 2ft/lbs at temperatures below                 
          about -20EC, but, the material must also have an elongation                 
          value of at least 150% at temperatures below about -20EC”                   

                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007