Ex Parte RICHTER et al - Page 5

               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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