Appeals 2006-2874 and 2006-2747
Applications 08/544,212 and 09/287,664
Patent 5,401,305
1 Claims 29 and 31-32 are not subject to recapture essentially for the
2 same reasons that claim 28 is not subject to recapture.
3
4 Claim 33 (Appeal 2006-2684)
5 Claim 33 reads as follows:
6 A film comprising one or more metal oxides
7 and the deposition product of an accelerant
8 wherein said metal oxide is selected from the
9 group consisting of tin oxide, germanium oxide,
10 titanium oxide, aluminum oxide, zirconium oxide,
11 zinc oxide, indium oxide, cadmium oxide, hafnium
12 oxide, tungsten oxide, vanadium oxide, chromium
13 oxide, molybdenum oxide, iridium oxide, nickel
14 oxide, and tantalum oxide and wherein said
15 accelerant is selected from the group consisting of
16 phosphites, borates, alkyl phosphine, arsine and
17 borane derivatives, PH3, AsH3, B2H6, NF3, NO2
18 and CO2, and water so that when said metal oxide
19 is tin oxide said film contains the deposition
20 product of at least two of said accelerants, with one
21 of said accelerants being water.
22
23 Notably missing from the film of claim 33 is the presence of any
24 limitation relating to silicon oxide. We note at this point, that while some
25 apparently believe silicon oxide is a metal oxide, the Appellants and the
26 Examiner agree that under the facts of this case silicon oxide is not a metal
27 oxide. In this case, we assume as did Appellants and the Examiner that
28 silicon oxide is not a metal oxide.
29 Claiming a film without silicon oxide would seem to be inconsistent
30 with the overall nature of the invention described in Appellants’ patent:
31 “The gaseous composition further includes a precursor for silicon dioxide
32 …” Col. 4, lines 26-27. Any film deposited on a substrate using the
11
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