Question: Applicant filed a patent application relating to adhesive compositions having a paste-like consistency and comprising filler admixed with liquid monomer, the filler being water-insoluble solid filler which forms a paste with the liquid monomer, and is essentially inert with respect to the monomer and is insoluble in the monomer. The specification states, "The compositions of this invention must contain, as essential ingredients, at least one monomer of a class of alpha-cyanoacrylic acid esters and at least one filler." The compositions are characterized as being capable of being applied to a substrate submerged in water. Claim 1 reads as follows: 1.An adhesive composition having a paste-like consistency and comprising filleradmixed with liquid monomer, the filler being water-insoluble solid filler which formsa paste with the liquid monomer, and is essentially inert with respect to the monomerand is insoluble in the monomer, the composition being capable of being applied to asubstrate submerged in water. The examiner rejected claim 1 under 35 U.S.C.§ 112, second paragraph, by virtue of thefunctional statement regarding application to a substrate submerged in water therein, and under35 U.S.C.§ 112, first paragraph, as unduly broad. You decide to amend the application bycanceling claim 1 and adding a new claim or claims. Assuming proper claim numbering,which of the following claims and arguments accords with proper PTO practice and procedureand would overcome the rejections?
A. Claim - An adhesive composition having a paste-like consistency and comprising filler admixed with liquid monomer, the filler being water-insoluble solid filler which forms a paste with the liquid monomer, and is essentially inert with respect to the monomer and is insoluble in the monomer. Argument - The 35 U.S.C. § 112, second paragraph, rejection is obviated because the functional statement is no longer recited in the claim. The 35 U.S.C. § 112, first paragraph, rejection is traversed on the ground that the liquid monomer is fully supported by the specification.
B. Claim - An adhesive composition having a paste-like consistency and comprising filler admixed with at least one liquid monomer of a class known as alpha-cyanoacrylic acid esters, the filler being water-insoluble solid filler which forms a paste with the liquid monomer, and is essentially inert with respect to the monomer and is insoluble in the monomer, the composition being capable of being applied to a substrate submerged in water. Argument - The 35 U.S.C. § 112, second paragraph, rejection is traversed on the ground that functional language in patent claims is permissible so long as it sets out and circumscribes a particular area with a reasonable degree of precision and particularity. The 35 U.S.C. § 112, first paragraph, rejection is obviated because the breadth of the language "liquid monomer" has been narrowed to an essential ingredient, i.e., at least one liquid monomer of a class known as alpha-cyanoacrylic acid esters.
C. Claim - An adhesive composition having a paste-like consistency and comprising at least one monomer of a class known as alpha-cyanoacrylic acid esters.
D. Claim - An adhesive composition having a paste-like consistency and comprising filler admixed with at least one liquid monomer of a class known as alpha-cyanoacrylic acid esters, the filler being water-insoluble solid filler which forms a paste with the liquid monomer, and is essentially inert with respect to the monomer and is insoluble in the monomer.
(category: patent, Chinese translation: 专利)