Ex Parte RUSSO et al - Page 17

                Appeals 2006-2874 and 2006-2747                                                                 
                Applications 08/544,212 and 09/287,664                                                          
                Patent 5,401,305                                                                                
           1                        A product which is an oxide composition                                     
           2                 produced by the process of oxidizing the                                           
           3                 composition comprising the oxide precursor and                                     
           4                 accelerant of any one of claims 1-29 and 31-32.                                    
           5                                                                                                    
           6           Claim 66 reads:                                                                          
           7                        A product produced by the process of claim                                  
           8                 65, wherein said oxidizing is effected in a                                        
           9                 chemical vapor deposition process.                                                 
          10                                                                                                    
          11           These claims depend from claims which are not subject to recapture.                      
          12    Claims 1-27 are original patent claims.  We have determined that                                
          13    claims 28-29 and 31-32 are not subject to recapture.  Accordingly, it                           
          14    follows that claims 65-66 stand or fall with claims 28-29 and 31-32 and are                     
          15    not subject to recapture.                                                                       
          16                                                                                                    
          17                    Claims 28-29 and 31-32 (Appeal 2006-2474)                                       
          18           Claim 28 calls for a process for forming an oxide composition and                        
          19    reads as follows:                                                                               
          20                        A process for forming an oxide composition                                  
          21                 comprising oxidizing a gaseous composition                                         
          22                 comprising at least one precursor of a metal oxide                                 
          23                 and an accelerant selected from the group                                          
          24                 consisting of organic phosphites, organic borates,                                 
          25                 and water so that when said precursor of a metal                                   
          26                 oxide is a tin oxide precursor, and said accelerant                                
          27                 includes water, said composition also contains at                                  
          28                 least one of said organic phosphites or organic                                    
          29                 borates.                                                                           
          30                                                                                                    
          31           Claim 29 further limits the metal oxide to a Markush group of metal                      
          32    oxides, including tin oxide.                                                                    
          33           Claim 31 is similar to claim 28.                                                         

                                                      17                                                        

Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: September 9, 2013