Appeal No. 2003-1783
Application No. 09/560,472
polyionic polymeric backbone interact with the surface and the interaction between the
charged polyionic backbone attaches the copolymer to the surface in a manner which
prevents the non-specific adsorption of ions or molecules to the surface.
We do not find the examiner has provided a sufficient basis upon which we
should find the claim language indefinite. The rejection of claim 5 under 35 U.S.C. §
112, second paragraph, as being incomplete and omitting essential steps, is reversed.
35 U.S.C. § 102(b)
Claims 5-6, 8-10, 12-18, 20-23, 61 and 64-66 stand rejected under 35 U.S.C. §
102(b) as anticipated by Humphries.
“A claim is anticipated only if each and every element as set forth in the claim is
found, either expressly or inherently described, in a single prior art reference.”
Verdegaal Bros., Inc. v. Union Oil Co., 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed.
Cir. 1987).
The examiner relies on Humphries for its disclosure of graft copolymers that
inhibit adhesion of bacteria to substrates. The copolymers have polyethylene glycol
side chains and a backbone that is either uncharged, acidic or basic. The substrates
disclosed in Humphries are microscopic slides (glass), steel, and hydroxyapatite. The
copolymers are attached to the surface through covalent binding. Answer, page 5.
In response to this rejection, appellants argue that Humphries does not disclose
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