Ex parte REUVEN et al. - Page 4

          Appeal No. 1997-2233                                                        
          Application No. 08/365,384                                                  

          schedule by using the recited equations in accordance with the              
          iterative technique disclosed by appellants.  The examiner is               
          of the view that this is nothing more than a "mental" step and              
          is analogous to process language in a product-by-process claim              
          which is anticipated by an identical product made by a                      
          different process.  We cannot subscribe to this view.  We are               
          dealing here with a determination of the scope of a process                 
          claim, not a product-by-process claim.  Due weight must be                  
          accorded to all the recited limitations in a process claim.                 
          Thus we agree with appellants that it is eminently reasonable               
          to construe the claim as requiring a step of predetermining                 
          the requisite feeding schedule "before the polymerization" by               
          use of the specifically recited equations in accordance with                
          the disclosed iterative technique.  In other words, we view                 
          that step as being an integral part of the claimed process.                 
          In doing so, anticipation and obviousness become problematic                
          inasmuch as the prior art does not teach or suggest the                     
          particular technique used by appellants to determine the                    
          monomer feeding schedule.  Certainly, Hendy does not                        
          predetermine the schedule before the polymerization reaction                
          is conducted since Hendy relies upon empirical data generated               

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