Appeal No. 1997-3643
Application No. 08/484,047
having an iodine number from 120 to 190.” It appears that the words “which comprises” refers to the
unsaturated fatty acids used to prepare the alkyd resin. As written, however, the literal language of the
claim would have the dispersing device comprise unsaturated fatty acids having the recited iodine
number. This slight ambiguity may be easily corrected.
Dependent claim 9 relates to a process which comprises using specific acids or “where they
exist” their anhydrides. The term “where they exists” leads to confusion as it is unclear whether
appellants are requiring their existence under certain unspecified conditions or if they could exist at all.
Dependent claim 10 is directed to “the use of printing inks as claimed in claim 1 for the sheet-
fed offset printing process, without powdering the printed products.” Attempts to claim a process
without setting forth any steps involved in the process are indefinite as they merely recite a use without
any active, positive steps delimiting how this use is actually practiced. Ex parte Erlich, 3 USPQ.2d
1011, 1017 (Bd. Pat. App. & Inter. 1986). Accordingly, claim 10 fails to set forth the metes and
bounds of the subject matter to be protected by the patent grant.
Independent claim 11 recites “or their triglycerides, said component having an iodine number of
120 to 190.” The term “said component” appears to refer either to the unsaturated fatty acid or the
triglycerides or both, however, it is somewhat unclear since the term lacks antecedent basis.
Additionally, the word “printing” as used in the phrase “printing ink binder” is misspelled.
Conclusion
REVERSED
10
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