Appeal No. 1999-0787
Application No. 08/813,953
1. A method for producing a metal oxide film, which
comprises: subjecting a hydrolyzable organic metal
compound to hydrolysis in a mixed solution consisting
of water and organic solvent, containing halogen ions
and boron ions followed by dehydration and condensation
to obtain a reaction product; thereafter, applying the
reaction product onto the surface of a base material;
and maintaining said reaction product at a temperature
of 200ēC or below to obtain said metal oxide film.
REFERENCE RELIED UPON BY THE EXAMINER
Kondo et al. (Kondo) 5,160,358 Nov. 3, 1992
THE REJECTIONS
Claims 1-3 and 7 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 Raytheon Co. v. Roper
Corp., 724 F.2d 951, 956, 220 USPQ 592, 596 (Fed. Cir. 1983),
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