Appeal No. 1998-1060
Application No. 08/433,664
established using hindsight or in view of the teachings or
suggestions of the inventor." Para-Ordnance Mfg. v. SGS
Importers Int’l, 73 F.3d at 1087,
37 USPQ2d at 1239, citing W. L. Gore & Assocs., Inc. v.
Garlock, Inc., 721 F.2d at 1551, 1553, 220 USPQ at 311, 312-
13.
Since there is no evidence in the record that the prior
art suggested the claimed method of heating an alkoxy compound
of the metal to obtain the metal oxide, we will not sustain
the Examiner’s rejection of claim 5.
The remaining claims on appeal also contain the above
limitation discussed in regard to claim 5 and thereby, we will
not sustain the rejection as to these claims.
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