Appeal No. 1998-1176
Application No. 08/553,072
differentiate the claimed composition from the composition of
DesLauriers. This language directed to the intended use does
not give meaning and scope to the claim. See In re Paulsen,
30 F.3d 1475, 1479, 31 USPQ2d 1671, 1673-74 (Fed. Cir. 1994);
and In re Pearson, 494 F.2d 1399, 1403, 181 USPQ 641, 644
(CCPA 1974).
Accordingly, for the foregoing reasons and those set
forth in the Answer, the examiner’s rejection of claim 19 on
appeal, and claim 10 which depends on claim 19 and recites the
use of NMP as the solvent, under 35 U.S.C. § 102(b) as
anticipated by DesLauriers is affirmed.
C. The Rejection under 35 U.S.C. § 103
The examiner finds that Kintopf discloses the production
of various substituted benzotriazole UV light absorbers in an
organic solvent (Answer, page 5). The examiner concludes that
the amounts of each component would have been obvious since
Kintopf clearly teaches that the amount of solvent must
dissolve the benzotriazole UV agent (Answer, page 6).
Appellant argues that the percentages of components
recited in claim 19 on appeal are not disclosed by Kintopf
10
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