Appeal 2007-2133
Application 10/790,502
compositions, a as evinced by McGinniss (McGinniss, e.g., 845-47, 854 and
Tables 8 and 9).
Thus, on this record, we interpret the phrases “cross-link in response
to infrared radiation” and “infrared radiation to initiate polymerization or
cross-linking” to encompass the use of infrared radiation to thermally cure
the epoxy resin precursor compositions. Our interpretation comports with
the requirement of claim 27 to expose the epoxy nitrile resin to infrared
radiation for less than 45 minutes, which time period exceeds that taught in
the Specification for high energy radiation curing.
We further point out the term “generally ambient temperatures” is not
disclosed in the Specification with respect to thermal curing, and the passage
in the Specification referred to by Appellants with respect to this term does
not describe any embodiment of a epoxy nitrile resin coating precursor
compositions (Specification 6:20-22 and 26-31, and 7:1-7; Br. 4; see above
pp. 8-9).2 To the extent Appellants intend the phrases “cross-link in
response to infrared radiation” and “infrared radiation to initiate
polymerization or cross-linking,” and thus, the claim, to be limited to high
energy radiation curing by using the term “generally ambient temperatures”
2 To the extent that the term “infrared radiation” used in the claim involves
high energy radiation as Appellants intends (Br., e.g., 8), the Examiner
should consider whether such an embodiment is described in the written
description of the Specification as required by 35 U.S.C. § 112, first
paragraph, written description requirement, upon any further prosecution of
the appealed claims subsequent to the disposition of this appeal. See In re
Alton, 76 F.3d 1168, 1172, 1175-176, 37 USPQ2d 1578, 1583 (Fed. Cir.
1996) (a prima facie case is established by a showing that a claim
encompasses “embodiments of the invention that are completely outside the
scope of the specification”).
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