Appeal No. 2001-0233
Application 08/668,640
polymers) including polycarbosilane and polysilazanes having a number average
molecular weight of 500 - 5000; (ii) 5-50% of a silazane and (iii) 10-70% of an inorganic
powder (the claimed particulate material) such as alumina, boron nitride, or aluminum
silicate having a mean particle size of 0.1 to 30 microns (preferably 1-5 microns). The
composition of Takeda is said to be resistant to high temperatures above 400°C.
(Examiner’s Answer, page 4, lines 11-18).
The Examiner notes that Takeda discloses satisfactory electrical insulation
properties are unobtainable in the absence of the silazane component and
consequently it would have been obvious to exclude this component if a high thermal
resistance is not required. (Examiner’s Answer, page 5, lines 1-4).
In comparing Takeda with the instantly claimed invention, the Appellants first
state that one of ordinary skill in the art would view Takeda as teaching away from the
invention because the final ceramic product formed from the present invention is a
porous material, and would not be desirable in the dense impervious coating of Takeda.
(Appeal Brief, page 20, lines 10-18). This argument is unpersuasive, as the instant
claims are directed to a composition, not the final product, and Takeda suggests the
same composition.
We give claims undergoing examination their broadest reasonable construction
consistent with the specification. See Burlington Indus. v. Quigg, 822 F.2d 1581, 1583,
3 USPQ2d 1436, 1438 (Fed. Cir. 1987); In re Prater, 415 F.2d 1393, 1404-05, 162
USPQ 541, 550-51 (CCPA 1969). All that is required by the instant claims is that the
composition (a mixture) be created whereby it is “capable of” forming the desired end
product. The specification notes that the formation of the end product having a given
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