Appeal No. 2005-0209
Application 09/274,014
1555, 35 USPQ2d 1801, 1802 (Fed. Cir. 1995) (“The claimed composition is defined as
comprising - meaning containing at least - five specific ingredients.”); In re Baxter, 656 F.2d
679, 686-87, 210 USPQ 795, 802-03 (CCPA 1981) (“As long as one of the monomers in the
reaction is propylene, any other monomer may be present, because the term ‘comprises’ permits
the inclusion of other steps, elements, or materials.”).
We note here that contrary to appellants’ arguments (brief, e.g., pages 14-15; reply brief,
pages 2-3), we find no limitation in any of appealed claims 1, 2, 7 and 11 which precludes
interaction with macromolecules from occurring in or on the interactive polymer network
occupying the pores of the mineral oxide matrix in addition to the interaction with
macromolecules occurring in and on the interactive polymer network coated on at least a part of
the surface of the mineral oxide matrix.
Appellants raise several issues with respect to the examiner’s findings that the teachings
of Girot alone satisfies the pore volume of the mineral oxide matrix requirements of claims 1 and
7 without regard to the mineral oxide employed, and particularly when combined with Davis
with respect to zirconium oxide, as well as alone satisfies the requirement of claim 1 that the
interactive polymer matrix fills the pores and coats the surface of the mineral oxide matrix along
with the further requirement of claim 11 that the interactive polymer network includes a
polysaccharide.
Considering first the interactive polymer network requirement, appellants submit that in
Girot, “molecules diffuse into a polymeric lattice contained within pores” which does not
suggest “interaction on the external surface area of the support” as required by the claims, citing
col. 19, l. 32, to col. 20, l. 16, and FIG. 5 of the reference (brief, pages 14-15; reply brief, pages
2-3). The examiner finds that Girot teaches “an interactive polymer network which fills the
pores and is coated on the surface of the mineral oxide matrix . . . so that subsequent interaction
with macromolecules occurs on the external surface of the support,” citing, among others, col. 5,
ll. 3-62, and col. 6, ll. 31-35 (answer, pages 3-4 and 5).
We agree with the examiner. Girot describes the porous solid matrix, including porous
mineral oxide matrices, as having innate groups on the interior and exterior surfaces that can
enter into undesirable interactions with biological molecules, and would have taught forming a
polymer network by contacting “the surfaces of the matrix” with a “passivation mixture,”
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