Appeal 2006-2524
Application 10/664,147
as a component of the battery separator (see Navarrete, Abstract; 3, ll. 1-3; 4,
ll. 4-7, 11-13, and 20-22; 5, ll. 3-5, and claim 1). We determine that
Navarrete at pages 1-2 teaches three sources of “lignin,” each with a slightly
different chemical composition, and these lignins are identified as grass
lignins, softwood lignins, and hardwood lignins. We note, as does Appellant
(Br. 8), that Navarrete teaches these three types of lignins under the heading
“Background of the Invention.” Thus, we determine that this teaching at
pages 1-2 of the reference applies toward the invention of Navarrete which is
the use of “lignins” in general as a component in thermoplastics, specifically
battery separators (e.g., see the Abstract or page 4, ll. 4-7). Although we
agree with Appellant (Br. 7-8; Reply Br. 6) that Navarrete teaches that
“[l]ignins include softwood lignins, hardwood lignins, and mixtures thereof”
and that “[h]ardwood lignins are preferred,” we also note that Appellant
correctly states that these teachings from the reference are under the
“Detailed Description of the Invention.” We do not agree with Appellant’s
argument that Navarrete has limited the invention to his “Detailed
Description of the Invention.”
In view of the findings discussed above, we further find that Navarrete
teaches “lignins” as encompassing a genus of three types, with specific
disclosure and embodiments of two types of these lignins (hardwood and
softwood). We determine that one skilled in this art would, on reading the
Navarrete disclosure, at once envisage each member of this limited class,
and thus this reference disclosure is sufficient to put the public in possession
of the invention as claimed. See In re Petering, 301 F.2d 676, 681-82,
133 USPQ 275, 280 (C.C.P.A. 1962); In re Arkley, 455 F.2d 586, 587,
172 USPQ 524, 526 (C.C.P.A. 1972); In re Schaumann, 572 F.2d 312, 315-
4
Page: Previous 1 2 3 4 5 Next
Last modified: November 3, 2007