Appeals 2006-2874 and 2006-2747
Applications 08/544,212 and 09/287,664
Patent 5,401,305
1 Claim 32 is similar to claim 29
2 None of claims 28-29 and 31-32 call for a silicon oxide to be used in
3 the process.
4 In essence, the claims are directed to a method of using the gaseous
5 composition of claim 1 of the patents sans any silicon oxide and can be used
6 to make some of the films of claim 33 (Appeal 2006-2684).
7 In our view, these claims stand or fall with claim 33 (Appeal
8 2006-2684).
9
10 Claim 30 (Appeal 2006-2747)
11 Claim 30 reads as follows:
12 The process of claim 28 [Appeal 2006-2747]
13 further comprising a precursor for a silicon oxide.
14
15 Immediately apparent is the fact that the “a silicon oxide” is not
16 limited to the silicon oxide mentioned in application original claim 11.
17 In our view, claim 30 stands or falls with claim 37 (Appeal 2006-2684).
18
19 Summary of resolution of recapture rejections
20 The Examiner’s recapture rejection of claims 28-29, 31-32, 58-59, and
21 65-66 (Appeal 2006-2684) is reversed.
22 The Examiner’s recapture rejection of claims 33-57 and 60 (Appeal
23 2006-2684) is affirmed.
24 The Examiner’s recapture rejection of claims 28-32 (Appeal
25 2006-2747) is affirmed.
18
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