Appeal No. 1996-0716
Application 08/107,661
alkylsulfonylphenyl group." See page 8 of our decision. Thus,
taken in context, our discussion concerning the scope of
Ludvik's disclosure of utility for his intermediates vis-à-vis
appellants' disclosure of utility for their intermediates was
a discussion of the scope of Ludvik's statement of utility for
his intermediates and not a general statement concerning the
full scope of Ludvik's disclosure.
Nonetheless, to fully respond to appellants' arguments
concerning the relative scope of appellants' disclosure vis-à-
vis Ludvik's disclosure we observe that Ludvik's disclosure of
"lower alkyl" for the substituents on the benzene and sulfonyl
moieties in his intermediates is broader than appellants'
disclosure of alkyl groups of from 1 to 4 carbon atoms for
their intermediates. For example, in the classification system
of the United States Patent and Trademark Office "lower alkyl"
generally embraces any alkyl group of seven or less carbon
atoms. Thus, while "lower alkyl" embraces alkyl groups having
from 1 to 4 carbons, "lower alkyl" also embraces alkyl groups
with more than 4 carbon atoms and up to 7 carbons.
Accordingly, appellants' disclosure and Ludvik's are of
different scope.
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