Appeal No. 1998-2325
Application 08/484,114
(page 909), and that “the solid solution formation range of this
fcc [face-centered cubic] phase was extended” (page 909), and
also the disclosure of the x-ray diffraction pattern in Iwahara’s
figure 1 (page 909), are not indicative of any mixed-phase
material. The examiner’s response to the appellants’ argument is
that “the singular ‘phase’ set forth on page 908 of Iwahara may
be a reference to one of the phases involved and is certainly not
dispositive of the question whether the membrane is of multi or
single phase” (answer, page 4).
The examiner’s argument is that Iwahara’s sintered oxide is
formed by what is apparently a mechanical process since, in the
examiner’s view, there is no evidence of chemical reaction and,
therefore, “[t]here is every reason to believe that each oxide
would remain in a phase of its own” (answer, pages 4-5). Iwahara
mixes fine powders of ZrO2 and Tb4O7, fires the mixture at 1200°C
in air for 10 hours, grinds the mixture and hydrostatically
presses it into column-shaped or disk-shaped samples, and sinters
the samples at 1500°C in air for 10 hours (pages 907-08).
Although there is no mention of chemical reaction which would
produce a single phase sintered oxide, the examiner has the
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