Appeal No. 1997-2385 Application No. 08/271,571 because it "does not specify which variety" of harvested plant it refers to (Answer, p. 9). However, we see no reason why the skilled artisan would find the phrase "one variety," i.e., a single variety, of harvested plant indefinite when read in light of the specification, as argued by appellants (Brief, para. bridging pp. 11-12). With respect to the plural and singular use of therapeutic active "ingredient(s)," we agree with appellants that plants of a variety may contain a plurality of therapeutic active ingredients and a plurality of enzymes. Some of such enzymes may have a lower denaturation temperature than one therapeutic active ingredient but not another or other therapeutic active ingredient(s) also present in the variety. The use of therapeutic active ingredient in the singular following its use in the plural in the preamble merely signifies this specificity. [Brief, p. 12.] As to antecedent basis for the phrases "said predetermined" and "the rehydrated plants" in claim 30, antecedent basis for "said predetermined denaturation temperature" is found in the recited step of "determining" said temperature and antecedent basis for "the rehydrated plants" is found in the recited rehydrating step of claim 30, respectively. We remind the examiner that the failure to provide explicit antecedent basis for terms does not always render a claim indefinite, if the scope of claim would be reasonably ascertainable by those skilled in the art. Ex parte Porter, 25 USPQ2d 1144, 1146 (Bd. Pat. App. & Inter. 1992) ("controlled stream of fluid" provided reasonable antecedent basis for "the controlled fluid"). - 7 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007