Appeal No. 1996-0716
Application 08/107,661
overlooked" a fact or an issue we specifically addressed in
our decision.
Contrary to appellants' representations in their request
for rehearing, nowhere in appellants' specification is it
disclosed that the products of appellants' process may be used
as intermediates to prepare the same final products which
Ludvik discloses may be prepared from his intermediates. We
specifically addressed this issue in the paragraph bridging
pages 4 and 5 of our opinion and on page 6 of our decision we
specifically rejected appellants' attempt to broaden their
disclosure by reference to Ludvik's disclosure.
Appellants' argument in their brief on rehearing is in
reality a renewed argument that the entirety of the Ludvik
patent has been incorporated by reference thereto in
appellants' disclosure and that Ludvik's disclosure satisfies2
appellants' burden under the statute. Thus, it is informative
to review again exactly what Ludvik discloses as the utility
for his compounds. Ludvik discloses at column 1, lines 15
Incorporation by reference is a means by which matter2
from another source for purposes of economy, amplification or
clarity may be obtained by an incorporating statement which is
clear and identifies exactly what the incorporated material is
and where it may be found.
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