Appeal No. 1998-3042
Application No. 08/310,657
rather than the presence or absence of literal support in the specification for the claim
language. See Vas-Cath, Inc. v. Mahurkar, 935 F.2d 1555, 1563-564, 19 USPQ2d 1111,
1116-117 (Fed. Cir. 1991) and In re Kaslow, 707 F.2d 1366, 1375, 217 USPQ 1089,
1096 (Fed. Cir. 1983).
Here, appellants point to originally filed claims 38 and 39 and specification page
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10, line 27 through page 11, line 2 for original descriptive support for the expression "M"
(reply brief, p. 2). The examiner has not explained, and it is not apparent, why this
disclosure would not have conveyed to one of ordinary skill in the art that as of appellants'
filing date, appellants were in possession of the cyclic amine copolymers recited in claims
39 and 48-50. It is not necessary that the claimed subject matter be described in ipsis
verbis to satisfy the written description requirement of § 112. Fields v. Conover, 443 F.2d
1386, 1391, 170 USPQ 276, 280 (CCPA 1971) and In re Lukach, 440 F.2d 967, 969-70,
169 USPQ 795, 797 (CCPA 1971).
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Each cyclic N-halamine monomeric repeating unit or cyclic amine monomeric
repeating unit in the polymer can be identical, but need not be. Two or more
different cyclic amine monomers can be copolymerized or one or more different
cyclic amine monomers can be copolymerized with one or more other suitable
monomer types. Other suitable monomer types include any monomer that can be
copolymerized with a herein defined cyclic amine monomer without hindering the
ability of the cyclic amine monomer to be halogenated. Examples of such other
monomer types include acrylonitrile, styrene, acrylamide, methacrylamide, methyl
methacrylate, ethylene, propylene, butylene, butadienes and other alkenes and
dienes. [Specification, p. 10, l. 27 - p. 11, l. 5.]
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