Appeal No. 1999-0461
Application No. 08/815,682
Raytheon Co. v. Roper Corp., 724 F.2d 951, 956, 220 USPQ 592,
596 (Fed. Cir. 1983), cert denied, 469 U.S. 835 (1984).
The claimed invention is a method for making metal oxide
micro-spherules by subjecting a hydrolyzable organic metal
compound to hydrolysis in a recited reaction solution while
maintaining the reaction solution pH at 8-10 followed by
dehydration and condensation to obtain micro-spherules,
rinsing the micro-spherules with water to separate the micro-
spherules from the reaction solution, and maintaining the
micro-spherules at a temperature of 200ºC or below.1
The examiner argues that the appellant’s claims, when
read in light of the specification, are limited to a method
for making metal oxide glass micro-spherules by vitrifying a
reaction product at 200ºC or below (answer, pages 3-4 and 6).
It reasonably appears that “metal oxide micro-spherules” in
the appellant’s claims and “metal oxide glass micro-spherules”
in the appellant’s specification have the same meaning. Each
term refers to the micro-spherules formed by the appellant’s
1The metal oxide micro-spherules are disclosed as being useful in
coatings for materials such as metals, pressurized cooking utensils, paper and
film (specification, page 1).
3
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