Appeal No. 2007-0744
Application No. 10/007,866
no evidence to support their position that the resulting compound of example 1
necessarily, inherently has a carboxylic acid content of 10.57% and evidence that the
carboxylic acid content of 10.57% directly converts to an acid number of 133.9. Such
evidence may be made in the form of a Declaration under 37 C.F.R. §1.132.
In view of the absence of such evidence in the present case, the written
description rejection is affirmed.
CONCLUSION
The rejection of claim 36 under 35 U.S.C. § 112, first paragraph for failing to
comply with the written description requirement is affirmed.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a).
AFFIRMED
)
Donald E. Adams )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Demetra J. Mills )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
DJM/jlb
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