Appeal No. 1999-0787
Application No. 08/813,953
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 a metal
oxide glass film to be produced at 200ēC or below (specification,
page 3), and provides five examples wherein a metal oxide film is
produced using heat treatment of the reaction product at
temperatures within this range (specification, pages 11-16).3
The examiner has provided no evidence that if the appellant’s
claimed method rather than Kondo’s sol-gel method is used, a
metal oxide film cannot be formed at 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
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