Appeal No. 2007-3827
Application 08/713,905
process has a hydrolyzable chlorine content of 48 ppm or less. See, e.g., In
re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364, 70 USPQ2d 1827,
1830 (Fed. Cir. 2004); In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d
1023, 1027 (Fed. Cir. 1997); In re Zletz, 893 F. 2d 319, 321-22, 13 USPQ2d
1320, 1322 (Fed. Cir. 1989). The generic term “an ether (poly)amine”
includes both mono- and polyamines, such as the ether mono-, di- or tri-
amine falling within the chemical formula set forth in claim 2 wherein
“n represents 1, 2 or 3,” and result in the corresponding “an ether
(poly)isocyanate” (see also Specification 4:2-22, 5:22-24, and 6:13-7:6).
The transitional term “comprising” opens the claim to include any manner of
addition reagents, steps and reactions conditions. See, e.g., In re Baxter, 656
F.2d 679, 686-87, 210 USPQ 795, 802-03 (CCPA 1981) (“As long as one of
the monomers in the reaction is propylene, any other monomer may be
present, because the term ‘comprises’ permits the inclusion of other steps,
elements, or materials.”).
We find the written description in the Specification describes to one
of ordinary skill in this art a broad process, which is set forth in the same
manner in original claim 1, and that the broad process “may be carried out
using known techniques” without limitation (Specification 4:2-9 and 23-24;
and 12). Appellants disclose that “[a]fter the reaction with phosgene, the
ether isocyanates are recovered by cooling the gas stream to a temperature
above the decomposition temperature of the corresponding intermediate
carbamic acid chlorides,” from which “[t]he ether isocyanate may then be
isolated in pure form by known processes such as distillation, crystallization,
Company, 1987).
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