Appeal No. 1999-0461
Application No. 08/815,682
4. A method for producing metal oxide
micro-spherules, which comprises: subjecting a
hydrolyzable organic metal compound to hydrolysis in
a reaction solution consisting of water, an organic
solvent, halogen ions as a catalyst and boron ions,
while maintaining pH value of said reaction solution
in a range of from 8 to 10, followed by dehydration
and condensation to obtain micro-spherules;
thereafter rinsing said micro-spherules with water
for separation of said micro-spherules from the
reaction solution; and maintaining said
micro-spherules at a temperature of 200ēC or below.
REFERENCE RELIED UPON BY THE EXAMINER
Kondo et al. (Kondo) 5,160,358 Nov. 03,
1992
THE REJECTIONS
Claims 4-6 stand rejected as follows: under 35 U.S.C.
§ 101, as being inoperable, and under 35 U.S.C. § 112,
enablement and written description requirements.
OPINION
We reverse the aforementioned rejections.
Rejections under 35 U.S.C. § 101 and
35 U.S.C. § 112, enablement requirement
Before utility, which is a question of fact, is
determined, the claims must be interpreted as a matter of law
to define the invention to be tested for utility. See
2
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