Appeal No. 2005-1926
Application No. 10/188,723
of Todd. This gas can be selected to have an elemental
composition that approximates the elemental composition of the
deposited silicon nitride material. Paragraph [0043] of Todd.
The chemical precursor is a chemical that contains the elements
of silicon and/or [emphasis added] nitrogen, and therefore can
contain silicon. Paragraph [0026] of Todd. The supplemental
source can be N2. Paragraph [0044] of Todd.
In view of the above teachings of Todd, we agree with the
examiner that Todd would have suggested appellants’ claimed
method. We note that one of ordinary skill in the art would
have evaluated Todd’s disclosure as a whole, rather than solely
the working examples or preferred embodiments, because 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).
Furthermore, Todd explicitly teaches that the composition
of the silicon nitride material can vary over a broad range and
that “routine experimentation” may be used to select a suitable
mixture and deposition method which together result in the
deposition of a film having the desired chemical composition.
Paragraph [0038] of Todd. Hence, as stated by the examiner on
pages 9-10 of the answer, the motivation has been provided by
Todd to arrive at the instant mixture of source gases, and that
the common goal is the formation of a desired nitrogen-doped
silicon carbide material. We also add that in view of the
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