Appeal No. 1997-2378
Application No. 08/233,533
USPQ2d 1767, 1774 (Fed. Cir. 1993) ("A patent specification is
directed to one of ordinary skill in the art."). The
rejection of claims 25 and 27 under
35 U.S.C. § 112, first paragraph, based on written
description, is reversed.
As for the rejection of claim 27 under 35 U.S.C. § 112,
first paragraph, based on enablement, the examiner maintains
(Answer, p. 4):
Since these claims are [sic, this claim is] in
product-by-process language, it is believed that the
process limitations should contain the limitations
necessary to produce polypropylene having the
claimed shape, i.e., "polypropylene powder . . .
obtained by the polymerization of propylene
reproducing in a homothetic manner the shape of the
particles of the support."
For the reasons set forth above, we find that the claim
"contain[s] the limitations necessary to produce polypropylene
having the claimed shape." Therefore, the rejection of claim
27 under 35 U.S.C. § 112, first paragraph, based on enablement
is also reversed.
Rejection under 35 U.S.C. § 102(e)
Claim 27 is rejected under 35 U.S.C. § 102(e) as being
anticipated by Bailly. Bailly discloses a process for
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