Appeal No. 2002-0741
Application No. 08/935,348
sensitive adhesive of appealed claim 1 has all the properties for
the adhesive set forth in claim 1 of Paul. As to claim 2 of
Paul, the hot melt pressure sensitive adhesive of appealed claim
2 includes all the components of the adhesive recited in claim
2 of Paul in the concentrations called for therein. Appealed
claim 2 does not expressly state that (1) the “high molecular
weight” components thereof (i.e., the rubber triblock or radial
block copolymer, the diblock rubber, and the other compatible
weight polymer) each have a viscosity within the range called for
in claim 2 of Paul5, or that (2) the rubber copolymer is an A-B-A
block copolymer where block A is a non-elastomeric polymer and
blocks B are isoprene or butadiene.
As to (1), we initially note that in proceedings before it,
the PTO applies to verbiage of claims the broadest reasonable
meaning of the words in their ordinary usage as they would be
understood by one of ordinary skill in the art, taking into
account whatever enlightenment by way of definitions or otherwise
that may be afforded by the written description contained in the
appellants’ specification. In re Morris, 127 F.3d 1048, 1054, 44
5Paul’s claim 2 states that each of these components to have
a viscosity at 25° C. of above 1,000 cP in toluene at a
concentration of 20% by weight.
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