Appeal No. 2006-0369 Παγε 7
Application No. 10/225,395
peroxide initiators such as 2,3-dimethyl-2, 3-diphenyl
butane. Preferred peroxide cross-linking agents include
dicumyl peroxide, alpha, alpha-di(t-butylperoxy)-m,p-
diisopropylbenzene, 2,5-dimethyl-2,5-di(t-
butylperoxy)hexane-3, and 2,5-dimethyl-2,5-di(t-
butylperoxy)hexyne-3, and mixtures comprising one or
more of the foregoing cross-linking agents. The cross-
linking agent, when used, is typically present in an
amount of about 1 to about 15 phr.
We find that the claim limitation at issue, “a cross linking
agent that does not contain sulfur” is inferentially supported in
the original specification by the “sulfur and sulfur derivatives”
non-limiting examples for cross-linking agents set forth in the
original disclosure taken together with the disclosure of
employing those agents useful in cross linking elastomers and
original claim 5 which is generic to any cross-linking agent.
Here, the examiner simply has not made the case as to why
the so rejected claims would have been construed as describing
possession of a new concept or invention not conveyed by the
original disclosure. Appellants are not required to present a
Markush group to disclaim disclosed subject matter as the
examiner contends. Moreover, the examiner’s position (answer,
page 15) that “[t]he only cross-linking agents defined which do
not contain sulfur are described in the original disclosure at
[0023] of the disclosure and appellants should be limited to
these specific non-sulfur containing cross linking agents...” is
not persuasive of a new concept in the amended claims before us.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007