Appeal No. 2000-1085
Application No. 08/980,349
177 USPQ 139, 143 (CCPA 1973); Klosak, 455 F.2d at 1080, 173 USPQ
at 16. As indicated supra, however, Okuda teaches that the
improvement alleged by the appellant is expected from using its
specially prepared tin oxide doped with phosphorus. The
appellant has not demonstrated that the tin oxide doped with
phosphorus taught in Okuda would not have the same property, when
it is used in the conductive pigment of the type described in
Bruckner or Stahlecker.
Second, the evidence relied upon is not reasonably
commensurate in scope with the degree of protection sought by the
claims on appeal. In re Clemens, 622 F.2d 1029, 1035, 206 USPQ
289, 296 (CCPA 1980). While the showing is limited to applying a
specifically prepared tin oxide doped with phosphorus on a
specific substrate, the claims are not so limited. As indicated
at page 2 of Okuda, not all tin oxides doped with phosphorus, for
example, would behave in the same manner.
Finally, to the extent that the showing in the Vogt
declaration and the specification evidences that the appellant
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