Appeal No. 1998-2288
Application 08/600,150
the “artisan a reasonable expectation of success in obtaining
suitable pigments from any mixed metal oxide” or to show that
it was “notoriously well known that numerous mixed metal
oxides are useful as pigments in the instant substrates.”
Answer, pages 7 and 8, respectively.
Joyce discloses mixed metal oxides that are useful as
pigments and have utility as superconductors (col. 5, ll. 3-
12). However, the specific mixed metal oxides taught by Joyce
are not encompassed by formula (I) in claim 52 on appeal nor
are they similar to the intermediates/phases disclosed by
Choy, Wu and Grigenaite (see Joyce, Examples, col. 8-col. 11).
Katz discloses many mixed metal oxides with several utilities
(col. 1, ll. 15-22) but there is no teaching that all of the
mixed metal oxide formulas possess all the listed utilities or
functions. Furthermore, the Y-Ba-Cu-O formula disclosed by3
Katz does not fall within formula (I) of claim 52 on appeal.
Bryson discloses forehearth color concentrates for coloring
glasses, none of which are similar to the pigments of formula
(I) in claim 52 on appeal (col. 1, ll. 3-5; col. 2, ll. 25-36;
3For example, we note that it was well known that simple mixed metal oxides such
as silica-alumina are not generally superconductors while it was equally well known that
Y-Ba-Cu-O is not generally useful as a catalyst, catalyst support, or optical fiber.
12
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