Appeals 2006-2874 and 2006-2747
Applications 08/544,212 and 09/287,664
Patent 5,401,305
1 A composition according to claim 26 in
2 which the tin oxide precursor comprises
3 monobutyltin trichloride, the silicon oxide
4 precursor comprises tetraethyl orthosilicate and the
5 accelerant comprises triethyl phosphite.
6
7 Claim 26 of the patent calls for gaseous composition comprising an
8 accelerant comprising one or both of triethyl phosphite and triethyl borate.
9 Col. 12, lines 36-37.
10 Claims 58-59 call for films made from gaseous compositions which
11 are included within the scope of the patent claims. The claims are narrower
12 than the claims of the patent. We perceive of no reason why these film
13 claims cannot be the subject of a reissue patent and we further perceive no
14 reason why Appellants are recapturing any subject matter surrendered in
15 taking out the original patent.
16
17 Claim 60 (Appeal 2006-2684)
18 Claim 60 relates to a film and reads:
19 A film comprising the oxides of tin, silicon
20 and phosphorus.
21
22 What is immediately apparent is that the “oxides of . . . silicon” are
23 not limited to the silicon oxides of claim 11 of the patent.
24 In our view, claim 60 stands or falls with claim 33.
25
26 Claims 65-66 (Appeal 2006-2684)
27 Claim 65 reads:
16
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