Appeal No. 2005-0157
Application No. 09/977,363
1936 (Fed. Cir. 1990); In re Ranier, 377 F.2d 1006, 1010, 153
USPQ 802, 805 (CCPA 1967); In re Aller, 220 F.2d 454, 456, 105
USPQ 233, 235 (CCPA 1955). No such evidence of criticality,
however, has been proffered by appellants. Concerning the
concentration of the metal compound, the present specification
offers the following:
The proportion of incorporation of the metal compound
to the sol solution is desirable to be in the range of
0.1 wt% to 20 wt% in terms of the metal oxide, for
example, in terms of Si02 in the case of the Si
compound, and in terms of Si02 + Zr02 in the case of Si
compound + Zr compound. However, if the proportion of
incorporation is lower than 0.1 wt%, it may be required
that a forming step is conducted repeatedly a large
number of times in order to produce a film having a
sufficient thickness and for this reason, there is a
possibility that the productivity is influenced. On
the other hand, if the proportion of incorporation
exceeds 20 wt%, the viscosity of the sol solution is
increased and for this reason, there is a possibility
that it is difficult to form a film.
Rather than indicate a criticality, the specification simply
relates that a concentration of metal compound lower than 0.1 wt%
may necessitate repeating the forming step a large number of
times in order to produce a coating of sufficient thickness,
whereas a metal compound concentration of greater than 20 wt%
results in an undesirable increase in viscosity of the sol
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