Appeal No. 1999-2802
Application 09/076,005
(e.g., methanethiol (CH SH) and dimethyl sulfide (CH SCH ))”3 3 3
(page 6, lines 15-16). These disclosures indicate that
methanethiol and dimethyl sulfide are merely examples of
methyl mercaptans. Original claim 13 recites: “the methyl
mercaptan is selected from CH SH, CH SCH , CH SSCH and mixtures3 3 3 3 3
thereof”, which indicates that the term “methyl mercaptans”
also includes disulfides. As mentioned above, the appellant1
interprets the specification as indicating that the
appellant’s methyl mercaptans have at least one methyl radical
bonded to at least one sulfur atom. According to this
interpretation, the term “methyl mercaptans” can encompass
even more compounds than methanethiol, dimethyl sulfide and
dimethyl disulfide.
The scope of the term “methyl mercaptans”, therefore, is
unclear in view of the appellant’s specification, and because
the appellant, acting as his own lexicographer, has given this
term a meaning which is different than its art-recognized
meaning, a remedy for this lack of clarity cannot be found by
looking to the prior art.
1 Disulfides are not otherwise mentioned in the
specification.
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