Appeal No. 2004-0676
Application No. 09/562,686
range below 10-5 mbar, i.e., <10-5 mbar to 0 mbar. However, the
specification, as originally filed, discloses (page 17, lines 3-6)
that:
On reaching a stable final vacuum, for instance in the
range between 10-3 and 10-5 mbar, the evaporation of the
compound of the formula I, II, III and/or IV [in a porous
inorganic oxide matrix material] is brought about by
heating at temperatures of from 200 oC to 600 oC, or 300
oC to 500 oC.
This original specification then goes on to exemplify evaporating
the claimed compound in a porous inorganic oxide matrix material
within such pressure range, i.e., a pressure of 3 x 10-5 mbar. See
page 18. There simply is nothing in the application disclosure, as
originally filed, which reasonably conveys the concept of employing
a pressure range of 10-5 mbar to 0 mbar (included by the claimed
language “no more than 10-3 mbar”) to evaporate the claimed
compound in a porous inorganic oxide matrix material to coat
optical substrates. See Lockwood v. American Airlines Inc., 107
F.3d 1565, 1571, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997)(“One shows
that one is ‘in possession’ of the invention by describing the
invention, with all its claimed limitations, not that which makes
it obvious...”); In re Alton, 76 F.3d 1168, 1175, 37 USPQ2d 1578,
1583, citing In re Wertheim, 541 F.2d 257, 263-64, 191 USPQ 90, 97
(CCPA 1976)(Where embodiments of the claimed invention encompassed
7
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