Ex Parte Livengood et al - Page 6




          Appeal No. 2003-2157                                                        
          Application No. 09/885,311                                                  


          segments of A and segments of B monomer occurring along the polymer         
          chain, the segments containing a random number of repeat units with         
          each occurrence.”  The specification, as amended at page 14, l.22-          
          page 15, l. 21, teaches that a random copolymer may have “segments          
          resembling a ‘pure block’ or a ‘pure alternating’ copolymer”                
          depending upon the conditions under which it was polymerized,               
          contributing to the “blocky” or “alternating” character of the              
          random copolymer.  Contrary to appellants’ interpretation (Brief,           
          page 3), these definitions and guidelines in the specification do           
          not limit the term “random copolymer” to a “classic random                  
          copolymer” (Brief, page 3) or a “true random” copolymer (Brief,             
          page 7).  Giving the term “random copolymer” its broadest                   
          reasonable interpretation as read in light of the specification and         
          as understood by those of ordinary skill in the art (including              
          Crystal), we interpret this contested language to include any               
          random copolymer, including types with “blocky” or “alternating”            
          character or higher concentration of one component at either end of         
          the copolymer.                                                              
               In view of our claim interpretation, appellants’ arguments             
          regarding claim construction are not persuasive (Brief, pages 5-6).         
          Similarly, appellants’ argument that Crystal is not “pertinent”             
          since the “shaded copolymer” of Crystal could not be suggestive of          

                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007