Appeal No. 1995-3232
Application 07/954,686
According to the examiner, applicants' specification does not provide adequate,
written descriptive support for the recitation in claim 41 of a physiologically acceptable
mixture of glucose polymers having “a number average molecular weight of from 2,890 to
8,000.” The examiner acknowledges that the lower limit of the range for number average
molecular weight, i.e., 2,890, is supported in the specification (Example 7, page 18, line
20.) See the Supplemental Answer, Paper No. 49, page 1. The examiner argues,
however, that the upper limit of the range, 8,000, is not adequately supported. We
disagree.
The claim recitation “a number average molecular weight of from 2,890 to 8,000" is
subject to these interpretations:
(a) applicants' physiologically acceptable mixture of glucose polymers has a
number average molecular weight from 2,890 up to, but not including 8,000; or
(b) applicants' physiologically acceptable mixture of glucose polymers has a
number average molecular weight from 2,890 up to, and including 8,000.
Viewing claim 41 either way, we find that the instant specification provides adequate,
written descriptive support for the invention now claimed. Note particularly the following
description in the specification, page 3, lines 21 and 22: “We prefer the glucose polymer (I)
[applicants' physiologically acceptable mixture of glucose polymers] to have a number
average molecular weight of less than 8,000.” In our judgment, “less than 8,000"
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