Appeal No. 1997-0530
Application 08/312,493
Appellants’ original specification subsequently states (page
3, lines 6-9) that in appellants’ polymer blend, “[t]he
presence of the copolymer
means that up to 30% by weight of said second polymer can be
incorporated into the mixture instead of the previous maximum
of 0.3%.” These disclosures would have conveyed with
reasonable clarity to one of ordinary skill in the art that
appellants were in possession, as of their filing date, of a
polymer blend in which the second polymer is present in an
amount of at least 0.3% but less than 30% by weight of the
blend.
The examiner argues that there is no written descriptive
support in appellants’ originally filed specification for an
amount of second polymer of “at least about 7.2%” as recited
in claims 21 and 22 (answer, pages 4 and 11). Appellants’
originally filed specification unquestionably has support for
an amount of second polymer of up to 30% by weight (page 3,
lines
6-7). This range, along with the disclosure in the originally
filed specification of an amount of second copolymer of 7.2%
7
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