Appeal 2006-0990 Application 10/209,369 inherency, in a manner sufficient to have placed a person of ordinary skill in the art in possession thereof. See, e.g., In re Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir. 1990). Contrary to the position of the majority of this panel (see above pp. 3-4 and 9), I am of the view that facts apparent from the record cannot be overlooked in considering whether the Examiner has established a prima facie case of anticipation as a matter of fact. The plain language of claim 1 specifies a sulfonated aliphatic- aromatic copolyetherester polymer comprising at least (1) the stated mole percent of any aromatic dicarboxylic acid residue and of any aliphatic dicarboxylic acid residue based only on 100% of the moles of diacid residue present in the polymer; (2) the stated mole percent of a residue of a member of a Markush group of certain lower alkyl glycols and a poly(alkylene ether)glycol residue based only on 100% of the total moles of glycol residue present in the polymer; and (3) the stated mole percent of any sulfonate component residue based on 100% of the total moles of all residues in the polymer as a whole. In the context of the claim, the term residue has its customary meaning in the art of a moiety derived from a particular monomer. Indeed, the Specification makes clear that “the mole percentages are directed to the relative amounts of the respective diacid residue and gycol [sic, glycol] residue structures present in the final polymeric compound” (Specification 10:22-25; see also Br. 2:7-8). However, there is no limitation in claim 1 with respect to the total mole percent of all dicarboxylic acid residues and the total mole percent of all glycol residues in the polymer as a whole, and I find no disclosure in this respect in the Specification. Thus, 12Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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