Appeal No. 2004-1348
Application No. 09/972,253
appellants, Zhao discloses that "[t]he amount of photoinitiator
used is preferably more than 0.05% by weight" (column 4, lines
48-49), and it is our opinion that this disclosure fairly
describes non-preferred embodiments wherein the amount of
photoinitiator is less than 0.05% by weight. Our view is further
buttressed by the reference disclosure at column 9, lines 11
et seq., wherein the amount of photoinitiator is described as
"approximately" from 0.05 to less than 0.3% by weight. As a
result, we find, as a matter of fact, that Zhao describes a
photoinitiator content of approximately 0.05% by weight, which
includes slightly less than 0.05%. Since slightly less than
0.05% by weight falls within the claimed range, Zhao describes
the claimed amount of photoinitiator within the meaning of § 102.
As for the examiner's § 103 rejection, for the reasons set
forth in appellants' Supplemental Reply Brief of December 19, 2003,
the examiner's rejection is not appropriate. Appellants have
stated on the record that the present application and the Zhao
patent were, at the time the present invention was disclosed and
claimed in the instant application, made, owned by, or subject to
an obligation of assignment to BASF AKTIENGESELLSCHAFT. Appellants
have properly referenced the pertinent sections of the MPEP in
support of their position.
-5-
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007