Appeal No. 1995-3232
Application 07/954,686
reasonably conveys to any person skilled in the art that the upper limit of the range of
number average molecular weight is up to, but not including 8,000. Furthermore, it is
apparent that applicants prefer a number average molecular weight of less than 8,000.
Again, see the specification, page 3, lines 21 and 22. In our judgment, that stated
preference is reasonably suggestive of a broader range which would include an upper limit
of 8,000.
On these facts, we find that applicants conveyed with reasonable clarity to persons
skilled in the art that, as of the specification filing date, they were in possession of the
invention now claimed. Vas-Cath, Inc. v. Mahurkar, 935 F.2d 1555, 1562, 19 USPQ2d
1111, 1117 (Fed. Cir. 1991). The rejection of claim 41 under 35 U.S.C. § 112, first
paragraph, is reversed.
35 U.S.C. § 103
As can be seen from a review of independent claim 41, and as emphasized in the
preceding discussion, applicant's method requires the use of a physiologically acceptable
mixture of glucose polymers with “a number average molecular weight of from 2,890 to
8,000.” Having reviewed the Milner patent in its entirety, we find that Milner constituents
insufficient evidence to support a conclusion of obviousness of claims containing that
limitation.
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