Appeal No. 2003-2020
Application No. 08/944,208
ester-amide, and contains more elements." The examiner concludes
that claim 15 is not enabled by the specification.
The examiner's position appears to be that the term
"contains" requires additional elements other than those recited
immediately following the word contains. However, that
interpretation is incorrect. The terms "include," "comprise,"
and "contain" allow for additional elements, but do not require
such. In other words, the portion of the specification
referenced by the examiner discloses antistatic polymers of
polyether ester-amide alone and of polyether ester-amide combined
with other elements. Therefore, claim 15 is enabled by the
specification, and we will reverse the enablement rejection.
Regarding the obviousness rejection of claims 3, 4, and 9
through 14, representative claim 13 recites a disk cartridge,
made of at least two types of thermoplastic resins with different
heat-deforming temperatures, an antistatic polymer, and an
inorganic filler. Kato discloses a data recording cartridge (see
the abstract) which is made of a polymeralloy of styrol resin and
polycarbonate resin (see column 12, lines 29-30). Kato discloses
(column 12, lines 31-34) that the styrol resin may be ABS resin.
We note that appellants (specification page 8) use polycarbonate
as a first component with high heat-deforming temperature and ABS
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