Appeal No. 2005-2445
Application No. 10/245,663
about 3,000 parts per million (ppm) of an alkali metal. The
compositions are said to be useful in high temperature
applications, and can be used to manufacture heat resistant
molded articles (col. 1, ll. 5-25).
There is no dispute that the LCP component of the reference
composition includes all the repeat units, in essentially the
same molar ratios, as instantly claimed.2
We agree with the examiner that Waggoner is anticipatory of
claim 1.
With regard to the alkali metal concentration range, we
agree with the examiner that the disclosure of a specific lower-
limit value of 15 ppm by Waggoner is an anticipation of the
claimed range. The explicit disclosure in the prior art of any
specific value within a claimed range represents a disclosure of
a discrete embodiment and, thus, is an anticipation of the
claimed range. Ex parte Lee, 31 USPQ2d 1105, 1106 (Bd. Pat. App.
& Int. 1993).
Moreover, we note that Waggoner apparently discloses two
distinct embodiments within the claimed range in working examples
2We note that the molar ratio range of “(III):(IVa plus
IVb)” in the reference is narrower than the corresponding range
in appellants' claim 1.
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