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Interference 105,039 Paper No. 28
Andree v. Klintz Page 17
material to the written description analysis, so we shall focus
our consideration on the two substitutents argued to be critical.
The first critical substituent is the para-group, which
Klintz labels Rl- Klintz, in original claim 1, describes a genus
of compounds in which R1 is defined by halogen, cyano (-CN) ,
nitro (-NO,) , and trifluoromethyl (-CF,) . (Exhibit 2014 at 143,
line 28.) The disclosure of four similar substituents is a
disclosure of a sufficiently small genus that we regard each of
the four classes of compounds defined by the R' substituents to
be fully described. In re Schaumann, 572 F.2d 312, 316-17, 197
USPQ 5, 9 (CCPA 1978) ("a very limited number of compounds
closely related to one another in structure . . . provides a
description of those compounds just as surely as if they were
identified in the reference by name.") We also find that claim
6, which depends on claim 1, limits R1 to chlorine or bromine,
and that claim 19, which also depends on claim 1, covers
processes of making compounds in which R' is cyano. Thus, we
find that the subgenus of 3-phenyluracils in which R1 is cyano is
adequately described.
Andree, however, points out that the claimed compounds are
limited by other substituents - in particular, by the "metall
substituent, which Klintz labels W. The definitions of W in
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