Appeal No. 1997-1682
Application No. 08/270,198
One final point remains. Upon return of this application
to the examiner, the examiner should consider whether the
subject matter defined by claims 9 and 11 finds enabling
support in appellant's specification. The present
specification gives no examples of the types of free radical-
generating species and plasticizers that are sufficiently
immiscible to avoid yellowing. Our review of appellant's
specification finds only one scant reference to the claimed
embodiment of immiscible components, viz., at page 4, at lines
9-11, which read "by employing a UV-initiator species that is
substantially immiscible with the plasticizer." The examiner
should consider whether one of ordinary skill in the art would
have to resort to undue experimentation to determine the
particular classes of UV-initiator species and plasticizers
that are sufficiently immiscible.
In conclusion, based on the foregoing, the examiner's
rejection under 35 U.S.C. § 112, second paragraph, is
reversed, as is the examiner's rejection of claims 9 and 11
under 35 U.S.C. § 103. The examiner's rejection of claims 2
and 6 under 35 U.S.C. § 103 is affirmed. Accordingly, the
-7-
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007