Interference 105,039 Paper No. 28
Andree v. Klintz Page 23
We disagree. As noted ante, the disclosure of a small genus
of similar compounds can be a disclosure of each member of the
small genus. Schaumann, 572 F.2d at 316-17, 197 USPQ at 9. In
the present case, we have found, with respect to the genus of
compounds covered by Count 1, that each of the four classes of
compounds, wherein R1 is halogen, cyano, nitro or trifluoro
methyl, is adequately disclosed. The considerably smaller
classes of meta-substituted diazonium salt compounds are
similarly described.
However, the diazonium salts covered by claim 56 are limited
by remaining recited substituents:
X' and X2 are oxygen;
R5 represents hydrogen, fluorine, chlorine, bromine
or optionally fluorine- and/or chlorine
substituted Cl-C,-alkyl;
* 4 represents optionally fluorine- and/or chlorine
substituted Cl-C,-alkyl;
* 3 represents hydrogen, amino, optionally cyano-,
chlorine-, or CI-C, -alkoxy- substituted Cl-C6-alkyl,
or represents C3-C6-alkylenyl or C3-Cl-alkynyl; and
*2 represents hydrogen, fluorine or chlorine.
We have not found any suggestions or blaze marks in the original
disclosure that the particular combination of substituents
recited in claim 56 are worthy of special interest. Nor has
Klintz directed our attention to any disclosure that would lead
the artisan to such combinations. We conclude that Klintz has
not provided an adequate written description for the subgenus of
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