Appeal 2006-2350
Application 10/444,104
OPINION
Written Descriptive Support
Claim 20 requires that the slurry composition recited in claim 19 be
redispersible after remaining in a static state for a period of greater than
about 48 hours. According to the Examiner the range “greater than about 48
hours” lacks written descriptive support because “section 41 [of the
Specification] only supports this value for an aqueous slurry that contains
specific components [, i.e., the components of Example 4, namely, sodium
alginate, calcium oxide, and a polyacrylate,] and thus does not provide
support for a composition that contains the broad components (i.e.
polyacrylate, all polysaccharide and all of the calcium compounds
claimed).” (Answer 3). The Examiner further explains that, “[i]n other
words, this section only provide [sic] support for a composition that contains
sodium alginate, calcium oxide and a polyacrylate.” (Answer 3).
Turning to paragraph 41 of the Specification, the portion of the
Specification the Examiner relies upon for support of the rejection, we find
that this paragraph discusses what Example 4 demonstrates. According to
paragraph 41 “Example 4 demonstrates that the use of sodium alginate in
combination with a calcium salt in an aqueous slurry comprised of mixed
rare earth oxide abrasive particles and polyacrylate enhances the soft-settling
characteristics of used polishing slurry.” (emphasis added). The next
sentence of Paragraph 41 states that “[a] slurry composition comprising
these components can stay redispersible for more than 48 hours after the
slurry composition is in a static state.” (emphasis added). The words “these
components” refer back to the previous sentence and, therefore, reference
calcium salts in general.
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