Appeal No. 2006-2027
Application No. 10/735,370
ceramic oxide precursor of the formula ZzOw, wherein alumina
(Al2O3) is the preferred precursor sheath material, but CzOw can
also be an oxide of calcium, magnesium, zirconium, yttrium, and
rate earth elements, such as cerium (see column 5, lines 34 et.
seq.). Consequently, while we agree with the examiner that
Subramanian teaches a sintering-inhibiting region that may
comprise cerium-oxide, we do not find that the reference
sufficiently describes cerium-oxide wherein cerium is in the
+4 oxidation state within the meaning of 35 U.S.C. § 102.
Manifestly, a fair amount of picking and choosing from within
the reference disclosure is necessary to arrive at the claimed
cerium-oxide.
However, we fully concur with the examiner that one of
ordinary skill in the art would have found it obvious to select
cerium-oxide with cerium in the oxidation state of +4, i.e.,
CeO2, as a precursor sheath oxide material in the invention of
Subramanian. We agree with the examiner that inasmuch as
Subramanian teaches the use of a stable oxide for the precursor
sheath oxide, and Stoffer teaches that “[c]erium possesses
highly stable oxides, CeO2 or Ce2O3, in the oxidation states of
3 and 4” (column 2, lines 50-51), we are satisfied that one of
ordinary skill in the art would have selected cerium-oxide with
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