Appeal No. 2003-1512 10
Application No. 09/256,709
We are persuaded that the degree of experimentation required to determine the
requisite molecular weight designation is routine and that any person having ordinary skill in
the art would be able to easily determine the specific molecular weight designation needed
and while the experimentation necessary to practice the full scope of the claimed subject
matter, while possibly considerable, would not be undue.
Accordingly, we will not sustain the rejection under Section 112, first paragraph.
DECISION
The rejection of claims 1 through 5 under 35 U.S.C. § 112, second paragraph,
as being indefinite for failing to particularly point out and distinctly claim the subject matter
which appellants’ regard as the invention is affirmed.
The rejection of claims 1 through 5 under 35 U.S.C. 35 U.S.C. § 112, first
paragraph, for failing to enable any person skilled in the art to make and use the invention
is reversed.
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