Appeal No. 2005-0181
Application No. 09/781,631
percent is recited at the top of page 5”. Brief, page 6. We
cannot find such disclosure on page 5 of appellants’
specification. The examiner points to page 7 of the
specification wherein it is disclosed that there is “a first
aliphatic polyol of between approximately 1 and 2 percent” and a
“second aliphatic polyol of between approximately 0 and 1
percent”. We also find such disclosure on page 9 of the
specification. The examiner correctly concludes that this
disclosure does not support “at least one aliphatic polyol
substance of between approximately 0 and 2 percent” by weight.
Answer, page 4.
With regard to claim 54, the examiner states that she cannot
find support for the “ceramic substrate” because page 2 of the
specification specifies organic substrates. Answer, page 4. We
find, however, that page 5 of the specification discloses that
ceramic based substrates can be used. We therefore disagree with
the examiner’s position with regard to claim 54.
In view of the above, we therefore affirm the 35 U.S.C.
§ 112, first paragraph (written description requirement)
rejection of claims 35, 36, 56, and 66. However, we reverse this
rejection with respect to claim 54.
III. The 35 U.S.C. § 112, first paragraph (enablement) rejection
of claims 41-51
We consider claims 41, 43, and 48 together (we select claim
41 as representative of this group), and claims 42, 44-47, and
49-51 together (we select claim 42 as representative of this
group), in this rejection.
With regard to claim 41, the examiner states that these
claims require a particular “toughness” value, but asserts that
the specification fails to describe the type of measurement
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