Ex parte SCHWARZ - Page 4




          Appeal No. 1998-3281                                                        
          Application 08/650,500                                                      


          appellant's claims reasonably may be said to embrace.  See In re            
          Wilson, 424 F.2d 1382, 1385, 165 USPQ 494, 496 (CCPA 1970) ("If             
          no reasonably definite meaning can be ascribed to certain terms             
          in the claim, the subject matter does not become obvious the                
          claim becomes indefinite."). Compare In re Steele, 305 F.2d 859,            
          862-63, 134 USPQ 292, 295 (CCPA 1962).                                      
               Specifically, claim 22 defines a "polymer" selected from two           
          groups of polymers defined by their formulae.  The polymers                 
          denominated as group (a) include a backbone R defined solely as             
          an "organic group" having two or more carbon atoms in the                   
          repeating unit.  One substituent on the backbone is represented             
          by the substituent C, the universally recognized symbol for                 
          carbon, although C in at least part of appellant's claim does not           
          stand for carbon!  Rather C is stated to be "a hydrophobic                  
          saturated alkyl group having at least about 6 carbon atoms bonded           
          in a linear chain."  The second substituent on the backbone is              
          represented by the substituent B, the universally recognized                
          symbol for boron, although B does not stand for boron in the                
          appealed claims!  Rather, B is stated to be a "hydrophilic group            















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