Appeal No. 2000-0827
Application 08/466,104
compositions for use in ultrasound imaging" (Reply brief at 7),
which we understand to mean that the application as filed
contains the blaze marks required by Ruschig.
Considering first the claimed gases, Appellant correctly
notes that perfluorobutane (claim 51) (a.k.a. decafluoropentane)
and perfluoropentane (claim 54) (a.k.a. dodecafluoropentane) are
employed in Examples 1 and 6 (Specification at 32 and 39-40),
respectively, and have the highest Q values (13,154 and 207,437,
respectively) of the gases listed in Table II ( id. at 28). The
examiner accordingly concedes that these two gases are disclosed
as preferred: "Applicant asserts that perfluorobutane and
perfluoropentane are actually used in examples and thus would be
preferred. [The] Examiner concurs." Answer at 6, ll. 19-20.
Despite this concession, the examiner contends the rejection
should be affirmed. Answer at 6, ll. 19-22.
Although perfluoropropane (a.k.a. octafluoropropane) is not
used in an example, its Q value of 1,299 places it in a tie for
fifth place out of the twenty-two gases in Table II and places it
in the third-highest Q-value category (1001-10,000) in Table IV,
which together the highest and next highest Q-value categories
comprise only twenty-five of the 180 listed gases having Q values
of five or more. Furthermore, this gas and the other two claimed
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