Appeal No. 2002-0224
Application 08/628,327
nonionic oleophobic fluorochemical additive compound which
contains either silicon or any of those other known elements.
The appellants’ express exclusion of silicon-containing nonionic
oleophobic fluorochemical additive compounds from the amended
claims implies the permissible inclusion of nonionic oleophobic
fluorochemical additive compounds containing all other elements
which are not expressly excluded. See Ex parte Grasselli, 231
USPQ 393, 394 (Bd. App. 1983). Therefore, the exclusion of
silicon in particular, from among the other elements which are
not disclosed as being contained in the nonionic oleophobic
fluorochemical additive compounds, introduces a new concept.
See id. Hence, the appellants’ “silicon free” negative
limitation does not have adequate written descriptive support in
the appellants’ originally-filed specification. See id.
DECISION
The rejections under 35 U.S.C. § 103 of claim 23 over
Matsuura in view of Maruscak alone or further in view of Murphy
or Crater, claims 25-27, 29 and 30 over Matsuura in view of
1) Maruscak and Reed or 2) Maruscak, Reed and either Murphy or
Crater, claim 24 over Matsuura in view of 1) Maruscak and Crater
or 2) Maruscak, Crater and Murphy, and claim 28 over Matsuura in
view of 1) Maruscak, Reed and Crater or 2) Maruscak, Reed, Crater
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