Appeal No. 1997-0144
Application No. 08/424,223
scope of enablement provided to one skilled in the art by the
disclosure is not commensurate with the scope of protection
sought by the claims, see particularly, MPEP § 2164.08. While
the disclosure indicates that VECTRAN M has a tenacity in the
claimed range and a high cut resistance, we see nothing in the
disclosure that would convey to one skilled in the art that all
liquid crystal polymer fibers having a tenacity of no more than
10 grams per denier, as set forth in the claims on appeal, would
have such characteristics and function in a similar manner.
This decision contains a new ground of rejection pursuant to
37 CFR § 1.196(b). 37 CFR § 1.196(b) provides that "a new ground
of rejection shall not be considered final for purposes of
judicial review."
37 CFR § 1.196(b) also provides that the appellant, WITHIN
TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of
the following two options with respect to the new ground of
rejection to avoid termination of proceedings (37 CFR § 1.197(c))
as to the rejected claims:
(1) Submit an appropriate amendment of the claims
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