Appeal No. 1999-0963 6
Application No. 08/787,189
containing CoFe O in an ion exchange resin but does not teach the composite of the
2 4
claimed invention.” See Brief, page 9. In our view, Ugelstad teaches each of the
elements of the claimed composition, other than the specific claimed physical property,
i.e., magnetic anisotropy constant.
We find that Ugelstad is directed to the preparation of magnetic particles including
those of cobalt ferrite. See column 1, lines 5-6, column 2, line 40, column 6, lines
38-66, and Examples 24 and 25 in column 20. With respect to Examples 24 and 25,
we find that the cobalt ion and ferric and ferrous ions respectively are utilized in the
appropriate proportions such as to result in the formation of cobalt ferrite. In this
respect, we find that although the respective final contents of cobalt and iron are not
precisely stoichiometric, precise stoichiometry is not required by the specification and
accordingly, not by the claimed subject matter. See specification, page 16, lines 3-4
wherein it is stated that, “[t]he magnetic species contained in the cobalt ferrite
nanoparticles can be stoichiometric, non-stoichiometric, and mixtures thereof, of the
formula CoFe O .”
2 4
Neither are we convinced by the appellants’ arguments that repetition of Examples
starting from Iron (III) ions did not result in a magnetic composition, particularly in view
of the prior art teachings of Ziolo that ferric chloride was utilized in the preparation of
magnetic particles. See in this respect Ziolo ‘756 Examples 1 to 5, columns 13-15.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007