Appeal No. 1998-1728
Application 08/397,243
deoxidized as in the Examples (specification, paragraph bridging pages 36-37, and page 38, lines 11-
12),9 and Satou does not prepare a “crushed powder” and deoxidizes the initial powder mixture prior to
silicide synthesis; (8) Satou discloses that a dense sintered structure can be obtained by heating the
silicide material below the eutectic temperature at a pressure of about 200 to 400 kg/cm2 for a period of
time in a vacuum, as exemplified by Satou Example 1 (col. 15, lines 28-68, col. 16, lines 22-23, and
Table 1),10 while the process of the specification Examples employs a particular heating schedule at
20 kg/cm2 up to a temperature of 1380°C, with further heating at this temperature at a pressure of 300
kg/cm2 (page 37), and the Comparative Examples employs a pressure of 200 kg/cm2 while the crushed
material is “heated up to 1380°C” and then continuing the heating at this temperature at a pressure of
300 kg/cm2 (page 38);11 and (9) the targets of the specification Examples and comparative Examples
have a diameter of 280 mm and a thickness of 14 mm while the target of Satou Example I has a
diameter of 260 mm and a thickness of 6 mm.
We find it manifestly evident from these differences that the comparison between the targets
prepared by the processes of specification Examples 1-10 and Comparative Examples 1-6 is not a
direct or indirect comparison between targets prepared according to the process disclosed and claimed
monomer may be present, because the term ‘comprises’ permits the inclusion of other steps, elements,
or materials.”).
9 See supra note 6. We find that allowed claim 6 does not require that the “crushed powder” must be
further deoxidized as do allowed claims 7 and 8. Thus, the targets of specification Examples 1-10 are
prepared with a step which appellants disclose (specification, pages 26-27) and claim to be optional.
10 Satou discloses that
the sintered substance is heated under a high vacuum and under a high applied pressure, at
just below the eutectic temperature of [silicon] and [metal silicide], to obtain a minute and
dense sintered structure. In order to obtain a dense sintered substance, the applied pressure,
heating temperature, and heating time at temperature must be controlled. [Col. 15, lines 28-
34.]
11 The specification discloses heating the “crushed” silicide powder, adjusted to a silicon/metal atomic
ratio of 2-4, below the eutectic temperature in a vacuum at a first pressure of 10-50 kg/cm2 and then
densifying at a second pressure of 200-500 kg/cm2 (pages 28-34). While the specification and the
process of specification Examples 1-10 suggest controlling the heating schedule at the low pressing
pressure, we interpret claim 6 to encompass processes wherein the heating of the crushed material to
just below the eutectic temperature at the low pressing pressure can be conducted as rapidly as
possible.
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