Appeal No. 2003-1625
Application No. 09/341,669
The language “consisting essentially of” would exclude from
claims 28 and 29 only those unrecited polymers which would
materially affect the basic and novel characteristics of the
molding composition defined in these claims. See Atlas Powder
Co. v. E.I. Du Pont de Nemours & Co., 750 F.2d 1569, 1573-74, 224
USPQ 409, 411 (Fed. Cir. 1984); In re Herz, 537 F.2d 549, 551-52,
190 USPQ 461, 463 (CCPA 1976); In re Janakirama-Rao, 317 F.2d
951, 954, 137 USPQ 893, 896 (CCPA 1963).
In order to assess the basic and novel characteristics of
the appellants’ molding composition, we have carefully studied
the subject specification including the portions referred to by
the appellants. This study leads us to conclude that the basic
and novel characteristics of the appellants’ molding composition
are at least similar to those of the Wanat and Numrich molding
compositions. In each case, a molding composition based on
polymethyl methacrylate is treated with a reducing inorganic
phosphorus compound (in amounts which are common to each of the
disclosures of appellants, Wanat and Numrich) in order to reduce
the yellowness characteristic of the melted product (and
concomitantly to reduce the amount of bluing agent needed in the
composition). In these respects, see, for example: pages 1, 6-7
and 15-16 of the subject specification in comparison with Wanat
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