Appeal No. 2005-0798
Application No. 10/460,000
We find that Swei teaches that “all particles . . .exhibit
an equivalent diameter of less than about 10 microns”. Swei
also teaches that “[a]lternatively, it is preferred that all
particles of the particulate filler exhibit no single linear
dimension greater than about 5 µm”. See column 3, lines 41-46
and lines 54-56. In summary, Swei teaches a particle size of
about 10 microns or less (0<x<about 10 microns), preferably of
about 5 microns or less (0<x<about 5 microns). We note that a
prior art disclosure is not limited to its working examples or
to its preferred embodiments. Merck & Co. Inc. v. Biocraft
Labs. Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir.
1989); In re Fracalossi, 681 F.2d 792, 794 n.1, 215 USPQ 569,
570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ
278, 280 (CCPA 1976); In re Boe, 355 F.2d 961, 965, 148 USPQ
507, 510 (CCPA 1966). Thus, for the reasons stated above, we
agree with the examiner that Swei discloses a composition that
anticipates the claimed subject mater.
In view of the above, we affirm anticipation rejection of
claims 9, 11-13, 16-19 and 28-38.
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