Appeal No. 95-3481
Application 08/017,977
composition of the oxide (specification, page 4). During the
well known sputtering or evaporation techniques, the amount of
oxygen introduced into the atmosphere can easily be determined,
as a function of the rate of film formation, so that the produced
Al reflective film will satisfy the above mentioned ratios
(specification, page 5). Furthermore, the produced film may be
analyzed by X-ray photoelectron spectrometry (XPS) to determine
the amount of Al bound with oxygen (specification, page 7).
Appellants disclose that the amount of Al bound with oxygen
accounts for substantially 26 to 33 atomic percent
(specification, page 5).
Contrary to the examiner’s allegations, we do not find that
the source materials, temperatures, or proportions are critical
or that essential steps are absent from the claims (answer, pages
2-3). As stated in In re Moore, 439 F.2d 1232, 1236, 169 USPQ
236, 239 (CCPA 1971), “We simply cannot understand why it is felt
that process parameters are important here.” If these parameters
are not important to the formation of the aluminum oxide, there
is no reason why they must be included in the claims. See In re
Spiller, 500 F.2d 1170, 1180, 182 USPQ 614, 622 (CCPA
1974)(“...we agree with appellant that there is no reason why he
must state in his claims ‘a feature of no importance’ to his
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