Appeal No. 1999-0461
Application No. 08/815,682
render it nonporous and suitable for use as a base for a
planar optical waveguide (col. 3, line 67 - col. 4, line 11;
col. 8, lines 49-59).
The appellant, however, distinguishes the claimed method
over the sol-gel method which, the appellant states, requires
heat treatment at 1,100ēC or higher (specification, page 2).
The appellant states that the appellant’s method permits metal
oxide micro-spherules to be produced at 200ēC or below
(specification, pages 3 and 18), and provides an example
wherein metal oxide micro-spherules are produced at 25ēC
(specification, pages 16-18). The examiner has provided no
evidence that if the appellant’s claimed method rather than
Kondo’s sol-gel method is used, metal oxide micro-spherules
cannot be formed at a temperature of 200ēC or below.
Consequently, we are not persuaded by the examiner’s argument
that the appellant’s claimed method lacks utility.
In the rejection under 35 U.S.C. § 112, first paragraph,
enable requirement, the examiner relies upon the same
rationale used in the rejection under 35 U.S.C. § 101 (answer,
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