Appeal No. 1997-1498
Application No. 08/251,148
the term “about 30 mol%” is also inclusive of “28 to 30 mol%”
of naphthalenedicarboxylic acid, which are not described in
the application disclosure as originally filed within the
meaning of 35 U.S.C. § 112, first paragraph. Id at 537, 194
USPQ at 125. Accordingly, we affirm the examiner’s decision
rejecting claims 1 and 2 under 35 U.S.C. § 112, first
paragraph.
Rejection under 35 U.S.C.§ 103
The examiner has rejected claims 1 through 17 and 19
through 21 under 35 U.S.C. § 103 as obvious over the
disclosure of Minnick. See the Answer, page 4. In order to
establish a prima facie case of obviousness under Section 103,
the examiner must supply some objective teaching or suggestion
in the applied prior art taken as a whole and/or knowledge
generally available to one of ordinary skill in the art that
would have led the artisan to
the claimed invention, without recourse to the teachings of
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