Appeal No. 1997-1454
Application No. 07/931,632
claims, clearly relate to the "M" layers, i.e. those layers
composed of alkaline earth metals. Thus, there can be no
doubt that these terms refer to stoichiometric vacancies or
deficiencies of alkaline earth metal atoms in the M layers.
Moreover, this view is buttressed by the specification
which includes numerous references to these terms relative to
the stoichiometry of the M layers (page 4, Lines 29-33; page
5, lines 14-19; page 7, lines 7-10).
The specification, (page 8, lines 16-27) also relates the
metal-atom vacancies to a specific stoichiometric parameter,
i.e. the molar value of "x", and to the structure depicted in
Fig. 2A [sic: Figure 1B]. Additionally, the specification
includes a detailed discussion of how such vacancies are
created (page 11, lines 11-19; page 13, lines 5-8; Example 1).
The examiner apparently overlooked all of this additional
information. Claims cannot be read in a vacuum but, rather,
must be read in light of the specification as it would be
interpreted by those versed in the art.
With regard to the rejections under 35 U.S.C. § 102 and
35 U.S.C. § 103, we agree with appellants that the examiner
has failed to appreciate the lack of any teaching or
5
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007