Ex parte WACHS - Page 4




          Appeal No. 1999-2802                                                        
          Application 09/076,005                                                      


          (brief, page 4; reply brief, page 2), and argues that “[t]he                
          present application uses the term ‘methyl mercaptans’ to refer              
          as a group to intermediate compounds produced during the                    
          claimed method having at least one methyl (CH ) radical bonded              
                                                       3                              
          to at least one sulfur (S) atom, such as methanethiol (CH SH),              
                                                                   3                  
          dimethyl sulfide (CH SCH ), and dimethyl disulfide (CH SSCH )”3  3                           3    3                 
          (brief, page 3).                                                            




               The appellant’s specification does not define “methyl                  
          mercaptans”.  At one point the specification recites: “methyl               
          mercaptans, (primarily methanethiol (CH SH) and a small amount              
                                                 3                                    
          of dimethyl sulfide (CH SCH ))” (page 1, lines 15-16), and at               
                                 3  3                                                 
          another point recites: “methyl mercaptans, (methanethiol                    
          (CH SH) and dimethyl sulfide (CH SCH ))” (page 4, lines 8-9).3                          3  3                                        
          These disclosures indicate that the appellant considers                     
          “methyl mercaptans” to mean “methanethiol and dimethyl                      
          sulfide”.  At two other points, however, the specification                  
          recites: “methyl mercaptans, such as methanethiol (CH SH) and               
                                                               3                      
          dimethyl sulfide (CH SCH )” (page 2, lines 13-14; page 3, lines             
                              3  3                                                    
          9-10), and at a third point recites: “methyl mercaptans,                    
                                          4                                           





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