Appeal No. 1999-1460
Application No. 08/070,859
condition. The appellants respond to the examiner’s question by
stating that “the regular aggregate structure is an ordered
structure in which two compounds . . . interact to form the
structure, with molecules of one of the two compounds interacting
to form an aggregate or crystallized state of that compound and
the molecules of the other compound interacting to from [sic,
form] an aggregate or crystallized state of that compound” (brief
page 5). This statement, however, does not meaningfully respond
to the examiner’s question. For example, the aforequoted
explanation uses the terms “aggregate” and “crystallized” without
specifying whether these terms possess the same or different
meanings. As a consequence, it is unknown whether the term
“aggregate” refers to a state which is in a “crystallized” form
or which is in some other form.
Finally, we observe that many of the appellants’ arguments
in support of their position refer to and rely upon a drawing
figure of record (i.e., the figure attached to the brief filed
March 17, 1998) which is characterized as showing a “regular
aggregate structure” as well as the manner in which it is made
and destroyed. As quite properly indicated by the examiner,
however, this figure is not part of the appellants’ specification
disclosure. Similarly, as implicitly acknowledged by the
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