Appeal No. 98-0140
S.N. 08/401761
publications. That is, none of them pertain to X-ray
diffraction of titanyl phthalocyanine crystals. Therefore,
none of these publications provide insight regarding the
type of radiation known to have been used in the art in
making X-ray diffraction measurements of titanyl
phthalocyanine compounds at the time of appellants’
invention.
Upon our review of appellants’ references listed at
the bottom of page 2 and at the top of page 3 of this
opinion, we find that most of these references indicate use
of CuKa radiation in making X-ray diffraction measurements
of titanyl phthalocyanine crystals.2 The examiner does not
disagree with this assessment of these references.3 (Answer,
page 6). However, the examiner asserts that these
references do not show that CuKa radiation is required in
making X-ray diffraction measurements of titanyl
phthalocyanine crystals, suggesting that therefore
uncertainty exists in the manner in which appellants have
claimed their invention. (Answer, page 6). We disagree
with the examiner’s position taken here for the reasons
expressed later in this opinion.
2 Appellants’ references numbered 1-8 listed on page 2 of this opinion
support use of CuKa radiation in making X-ray diffraction measurements
of titanyl phthalocyanine crystals. However, references numbered 9 and
10 listed on page 3 of this opinion do not support such use.
Specifically, the Stout reference does not disclose making X-ray
diffraction measurements specifically of titanyl phthalocyanine
crystals. Also, the Sims reference specifically states Cuka radiation
is used for X-ray diffractograms of GaPc-Cl films, but we cannot find
disclosure of using Cuka radiation for titanyl phthalocyanine crystals.
3 We note that both the Hiller and Sims publications were newly
introduced by appellants on page 7 of their Brief, and the examiner did
not acknowledge these publications in his Answer, but we consider them
in this opinion for completeness sake. The examiner did consider all
of the other listed references.
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