In re Angstadt

The controlling issue in this case is: Whether the scope of enablement (represented by the processes disclosed in the specification) is commensurate with the scope of protection sought by the claims, which include the limitation “to form a reaction mixture comprising the corresponding hydroperoxides.”

Although it is evident that by following some of appellants’ examples a reaction mixture will be formed comprising the corresponding hydroperoxides, it does not follow that the scope of enablement is commensurate with the scope of the claims. As this court well said in In re Rainer, 347 F.2d 574,…