Ex parte POURRAT et al. - Page 7




                 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").                                                                                                                    



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