Appeal No. 1997-3528
Application No. 08/230,659
From this description, one skilled in the relevant art would
recognize that the applicants invented a process in which the
polymeric article is exposed to electromagnetic radiation
“prior to forming the index grating.” Additionally, the
specification describes the process as comprising the steps
of: (i) exposing the article to a certain level of
electromagnetic radiation to activate the article and (ii)
exposing the article to an external electric field and
electromagnetic radiation to form the index grating.
(Specification, pages 4-5.) It follows then that the
specification adequately describes a process in which step (i)
involves exposing the article to a certain level of
electromagnetic radiation without the formation of an index
grating. We therefore determine that, in compliance with the
first paragraph of 35 U.S.C. § 112, the specification provides
adequate written description for the invention recited in
appealed claim 11.
B. Rejection under 35 U.S.C. § 103: Ducharme in view of
Bjorklund
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