Ex parte OOMEN et al. - Page 5




          Appeal No. 1998-1060                                                        
          Application No. 08/433,664                                                  


               Appellants argue that APA fails to teach the use of an                 
          alkoxy compound of the metal to form the metal oxide (brief-                
          top of page 5) and Kojima fails to teach forming the silicon                
          dioxide from alkoxysilane and the metal oxide from an alkoxy                
          compound of the metal.  Further, Kawamura fails to teach                    
          forming the metal oxide by heating an alkoxy derivative of the              
          metal (brief-top of page 6).                                                
               Claim 5 recites that the silicon dioxide is formed from                
          heating the alkoxysilane compound, and the metal oxide is                   
          formed from heating the alkoxy compound of the metal.  We note              
          that APA does teach forming the silicon dioxide from heating                
          the alkoxysilane compound (as indicated by the Examiner).                   
          However, Appellants are correct in that APA does not teach                  
          forming the metal oxide from an alkoxy compound of the metal.               
          Appellants are further correct in that Kojima and Kawamura                  
          also fail to teach forming the metal oxide from an alkoxy                   
          compound of the metal.        Even though Kawamura teaches the              
          desirability of using a metal oxide in the filtering layer of               
          a cathode ray tube coating, we see no teaching of the claimed               




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