Appeal No. 1996-2857
Application 08/191,735
art to prepare silica coated alpha alumina particles using a boehmite gel prepared from boehmite
particles with the requisite particle size as specified in claim 15 with the reasonable expectation of
arriving at silica coated alpha alumina particles having the dimensions specified in claims 9 and 15.
Indeed, none of the references of record discloses or suggests a product having the particle width and
BET surface area specified from the silica coated alpha alumina particles encompassed by the claims.
Thus, it is manifest that the only direction to appellants’ claimed invention as a whole on the record
before us is supplied by appellant’s own specification. In re Vaeck, 947 F.2d 488, 493, 20 USPQ2d
1438, 1442 (Fed. Cir. 1991), citing In re Dow Chemical Co., 837 F.2d 469, 473, 5 USPQ2d 1529,
1531(Fed. Cir. 1988)
The examiner’s decision is reversed.
Reversed
ANDREW H. METZ )
Administrative Patent Judge )
)
)
)
CHARLES F. WARREN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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)
CAROL A. SPIEGEL )
Administrative Patent Judge )
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