Appeal No. 2001-2124
Application No. 09/416,914
particle size in the range of 0.1:m to 100 :m, preferably 1 :m to 10 :m.” See column 2,
lines 50-52. We conclude that, the preferred range of core particle, 1 :m to 10 :m,
anticipates the particle size of “about 1 to 100 micrometers” required by the claimed subject
matter.
As to the particle size of the ultrafines, the appellant has correctly stated that Umeya
teaches an ultrafine having an average particle size in the range of 0.005 :m to 0.5 :m. See
column 2, lines 67-68. This size corresponds to 5 nm to 500 nm. We find, however, that
Umeya further discloses that the particle size of the ultrafines is “usually 0.1 :m which
corresponds to 100 nm and is within the scope of the claimed subject matter.” We further
find that Example 2 discloses core particles having an average particle size of 1:m coated
with an ultrafine having an average particle size of 0.02 :m corresponding to 20 nanometers.
We find that, Examples 3 and 4 disclose core particles having a particle size of 40-60 :m
coated with ultrafines having a particle size of 0.01 to 0.05 :m, corresponding to 10 to 50
nm. Each of the aforementioned examples teaches both core particle size and ultrafine
particle size within the scope of the claimed subject matter.
Based upon the above findings, we conclude that the teachings and disclosure of
Umeya are sufficient to establish a prima facie case of anticipation with respect to claim 14.
The Rejection under § 103(a) of claims 1-6 and 9-12
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