Appeal No. 1996-0716
Application 08/107,661
through 17 that the compounds of Ludvik's synthesis are:
useful intermediates in the synthesis of pesticides such
as herbicides containing an alkylsulfonylphenyl group.
However, as we stated in our decision with respect to Ludvik's
disclosure:
the relevance of the disclosure in Ludvik's patent vis-à-
vis appellants' disclosure is not apparent here because
appellants' disclosure is not of the same scope as
Ludvik's disclosure. Appellants only disclose pesticides
and herbicides, generally, may be prepared from their
intermediates unlike Ludvik who describes a family of
herbicides defined by the presence of a particular
chemical moiety may be prepared from his intermediates.
Thus, Ludvik discloses a particular type of pesticide, an
herbicide "containing an alkylsulfonylphenyl group", may be
prepared from his intermediates. Appellants' specification
includes no comparable disclosure of what "herbicides and
pesticides" may be prepared from appellants' novel
intermediates. We recognize that, subject to compliance
with 35 U.S.C. 112 and 132, the disclosure in a patent
application may be supplemented or completed by reference to
the disclosure set forth in other patents but the doctrine is
not without limits. In re Lund, 376 F.2d 982, 989, 153 USPQ
625, 631 (CCPA 1957). As the court observed in In re de
Seversky, 474 F.2d 671, 674, 177 USPQ 144, 146:
mere reference to another application, or patent, or
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