Appeal No. 1998-3232 Page 10
Application No. 08/738,920
the percentage of unreacted 1-olefin is present such that a
sufficient amount of copolymer dissolves in the light phase
“defined below” to result in plugging of certain equipment7
with the above-referenced claim limitations concerning a
reduced
1-olefin concentration and a reduced amount of dissolved
copolymer in the light phase being obtained with fresh
ethylene addition to the high pressure separation. Absent
such resolution, we are of the opinion that appellant does not
particularly point out and distinctly claim the subject matter
which they regard as invention in a manner such that a skilled
person would be able to determine the metes and bounds of the
claimed invention with the precision required by the second
paragraph of 35 U.S.C. § 112. See In re Hammack, supra.
Considering the rejection of claims 2, 4-17, 19 and 20
under 35 U.S.C. § 103, we have carefully considered the
subject matter defined by these claims, however, for reasons
See claim 19. The light phase that is “defined below” in claim 19 is a7
light phase that is obtained from a high pressure separation having a fresh
supply of ethylene added thereto.
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