HAYAMA et al v. KUMAR et al - Page 6

















                Of note, claim 115 defines m as an integer within a range of from 10 through 350, n being an                             
                integer within a range from 1 through 50 and p being an integer within a range of from 0 through                         
                50.                                                                                                                      
                        Following a succession of amendments to the claims, Kumar ‘958 now contains claims                               
                112-117, 120, 122-125, 128-145.  Of these claims, claims 115-117, 120, 122-125, 128-136, 140-                            
                145  require the presence of a “first unit containing a polysiloxane group of the general formula                        
                (1) or (2)” or depend from a claim which requires its presence.  (See, e.g., Amendment Under 37                          
                CFR 1.111, Paper No. 27, claim 115, four times amended).   Claims 115-117, 120, 122-125, 128-                            
                136, 140-145 define m as an integer within a range of from 10 through 350, n being an integer                            
                within a range from 1 through 50 and p being an integer within a range of from 0 through 50.  In                         
                contrast, claims 130-136 define m as an integer within a range of 10 to 270, n as an integer                             
                within a range of from 1 through 50 and p being an integer within a range of from 0 through 50.                          
                        It is not apparent that one skilled in the art would understand that the inventor invented                       
                what is claimed.  Specifically, it appears that Kumar lacks written descriptive support for its                          
                copied, claimed copolymer comprising a first unit containing a polysiloxane group of the general                         

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