Appeal No. 1998-1374
Application No. 08/466,562
Nakatani for copper aluminate, no claim is limited to amounts
less than Nakatani's disclosed 0.5 weight percent minimum
amount. Assuming, arguendo, appellants’ showing is truly
comparable and probative, it is by now well-settled that
claims broad enough to encompass subject matter both
patentable and unpatentable are unpatentable.
As for claims 21 through 25, we have recognized that
these claims further require the addition of a "glass-ceramic"
to the copper-based paste recited in claim 1. Appellants urge
that Nakatani at best discloses the addition of a glass to
their paste and that because of the different effects on the
physical and electrical properties of the finished product the
disclosure of the addition of glass particles to Nakatani's
paste would not have rendered obvious the use of "glass-
ceramic" particles. The examiner's only response to
appellants' argument and the requirement in claims 21 through
25 for a "glass-ceramic" is found on pages 9 and 10 of the
Answer. Therein the examiner states that Nakatani discloses
the addition of alumina, a known ceramic, to the pastes
disclosed therein and concludes that the addition of alumina
would have rendered obvious the further inclusion of a "glass-
10
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