Ex Parte BRUCK et al - Page 6




          Appeal No. 2002-0984                                                        
          Application 09/246,179                                                      

          of the absorbance for species being measured in real time to the            
          absorbance for the same species at the outset of the reaction is            
          determined, subtracted from 100 and converted to a percentage. In           
          the sixth step, the "production" or "modification" reaction is              
          terminated when, apparently, the degree of conversion or                    
          modification determined in the fifth step representing the                  
          "desired degree of reaction or modification" has been achieved.             
               As we have demonstrated by our analysis above, the claimed             
          process is generic to production of either unidentified                     
          "polymeric products" and/or "modification" of unidentified                  
          "polymeric products." Appellants' sole disclosure in their                  
          specification of any useful process is directed to the                      
          "modification" alternative of claim 6. Specifically, at pages 7             
          through 9 of the specification, appellants disclose monitoring              
          the degree of hydrogenation of unidentified "nitrile rubbers" in            
          a solution of chlorobenzene using "the IR-ATR method." Thus, the            
          "nitrile rubbers" are "modified" by reducing the degree of                  
          unsaturation in the polymers by hydrogenating 225 grams of them             
          in 1275 grams of chlorobenzene in an autoclave using                        
          triphenylphosphine and a rhodium catalyst.                                  
               Thus, although the claims are not what we consider to be a             
          model of clarity, they possess adequate specificity and can be              
          read, after reading them in light of appellants’ specification as           
          they would be understood by the hypothetical person of ordinary             

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