Appeal No. 1997-1135
Application 08/375,196
conjugate fibers includes “supplying at least two melt-
extrudate streams of a thermoplastic polymer to a sheath-core
conjugate fiber forming apparatus” (page 2, lines 7-9).
Accordingly, we interpret appellant’s claims as meaning
that each component composition is a core or sheath
composition, and that there are at least two of these
compositions, all of which consist essentially of the recited
one thermoplastic polymer and are processed under identical or
substantially identical processing conditions.
Rejection under 35 U.S.C. § 112, second paragraph
The relevant inquiry under 35 U.S.C. § 112, second
paragraph, is whether the claim language, as it would have
been interpreted by one of ordinary skill in the art in light
of appellants’ specification and the prior art, sets out and
circumscribes a particular area with a reasonable degree of
precision and particularity. See In re Moore, 439 F.2d 1232,
1235, 169 USPQ 236, 238 (CCPA 1971).
The examiner argues that “less than about” is indefinite
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007