Appeals 2006-2874 and 2006-2747
Applications 08/544,212 and 09/287,664
Patent 5,401,305
1 A second rejection is of claims 28-32 under 35 U.S.C. § 103(a) as
2 being unpatentable over the prior art.
3
4 Real party in interest
5 The real party in interest is Elf Atochem North America, Inc.
6
7 B. Finding of fact on recapture
8 The following findings are believed to be supported by a
9 preponderance of the evidence.
10
11 The invention
12 As the specification of the patent sought to be reissued explains,
13 the invention relates to compositions of matter for the chemical-vapor
14 deposition (CVD) of coatings at high rates on glass or glass articles to
15 provide, among other things, (1) controlled refractive index, (2) improved
16 emissivity characteristics, and (3) abrasion resistance. U.S. Patent
17 5,401,305, col. 1, lines 15-20. See also col. 4, lines 13-18.
18 Deposition rate is said to be important in the commercial world.
19 According to Appellants, there are many known compositions which
20 can be used in a deposition process, but all known processes are said to
21 suffer from one defect or another. Col. 1, line 21 through col. 2, line 64.
22 Further according to Appellants' review of the prior art, we are told
23 that it cannot be determined what precursor combinations, if any, can be
24 used for continuous deposition, under conditions and at a rate suitable for
25 mass production, of mixed metal oxide/silicon oxide films at adequate rates
26 from readily available and relatively inexpensive reagents. Col. 3, line 65
27 through col. 4, line 2.
3
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