Appeal No. 2002-1178
Application No. 09/354,459
The fact that hydrogen chloride is stated to be reacted with ammonia (page 2, lines
10 and 11) indicates that reactant gases introduced into the chamber can include
these gases. Furthermore, some of the class of possible reactant gases is clearly set
forth in the paragraph bridging pages 7 and 8 of the specification as reactant gases 22
and these gases specifically include ammonia and hydrogen chloride among other
gases.
Appellants’ arguments to the contrary notwithstanding, the examiner correctly concludes
(answer, page 6) that:
. . . HCl is not one of the plurality of reactant gases introduced into the reaction
chamber, as presently claimed, but is instead a by-product of the reaction of the
reactant gases fed into the chamber -- specifically of ammonia and chlorine-
containing reactants. One of ordinary skill knows from Applicant’s [sic,
Applicants’] specification that HCl is not introduced to the reaction chamber but is,
instead, formed within the chamber as a by-product, itself, that goes on to react
with more ammonia to produce the undesired-but-unavoidable ammonium chloride .
. . .
Inasmuch as hydrogen chloride is not introduced into the chamber as a reactant gas, claims 4
and 24 are rendered indefinite by the claim limitation that hydrogen chloride is one of the plurality
of reactant gases introduced into the chamber. As a result thereof, the indefiniteness rejection of
claims 4 and 24 is sustained.
In claim 1 on appeal, the heated gas introduced into the chamber maintains the peripheral
inner wall of the chamber at a temperature sufficiently high to maintain the reaction product in the
gaseous phase of its sublimation curve when contacting the peripheral inner wall. In Mikoshiba, the
control gas 8 from nozzle 6 functions to keep the material gas flow from ever touching the
peripheral inner wall of the chamber 1 (Figure 1A; column 2, lines 19 through 23, 40 and 41;
column 4, lines 10 through 14; column 5, lines 1 through 3 and 21 through 26). By relying on the
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