Appeal No. 2002-1190
Application No. 09/023,470
As recognized by appellants, the relevant inquiry is whether
the original specification reasonably conveys to one of ordinary
skill in the art that appellants had in their possession the
concept of what is presently claimed. In re Anderson, 471 F.2d
1237, 1244, 176 USPQ 331, 336 (CCPA 1973). In particular,
although appellants acknowledge that the claim language "said
resin being free of boron nitride" is not disclosed in the
specification, the dispositive issue on appeal is whether
appellants' original specification would reasonably convey to one
of ordinary skill in the art that the fluoropolymer resin
comprising alkali metal nitrate is free of boron nitride before
extrusion.
Like the examiner, we find nothing in the original
specification or the present record which indicates that
appellants conveyed the concept of processing only fluoropolymer
resins that are free of boron nitride. On the contrary,
appellants indicate in their Brief that one of the contemplated
utilities for their extruded resin is wire insulation, and
Buckmaster, of record, discloses that it was known in the art
that foamed fluoropolymer resins are used for wire insulation
because of a lower dielectric constant, and that "boron nitride
is attractive because it is thermally stable, chemically inert,
has excellent electrical properties . . . is white and has low
-3-
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007