Appeals 2006-2874 and 2006-2747
Applications 08/544,212 and 09/287,664
Patent 5,401,305
1 organic phosphites, organic borates and water, and
2 mixtures thereof, and [4] a source of oxygen.
3
4 Original specification, page 16.
5 The Examiner entered a rejection of some of the original claims,
6 including original claim 1, as being unpatentable under the enablement
7 provision of the first paragraph of 35 U.S.C. § 112.
8 The Examiner held that the disclosure is enabling only for claims
9 limited to certain compositions, i.e., those wherein the silicon oxide
10 precursor is limited to that recited in original claim 11. Examiner's Action
11 entered 20 September 1994, page 2.
12 Original claim 11 read as follows, bracketed matter added:
13 The composition of claim 1 wherein the
14 precursor of silicon oxide is RmOnSip, where m is
15 from 3 to 8, n is from 1 to 4, p is from 1 to 4 and R
16 is . . . hydrogen or . . . [certain organic radicals].
17
18 In a response received in the Office on 27 October 1994 (Paper 8 of
19 the patent file), Appellants, among other things, (1) cancelled original claim
20 11 and (2) amended original claim 1.
21 Claim 1, as amended, reads as follows, with bracketed matter added,
22 matter in strikeout deleted from original claim 1 and matter in italics added
23 to original claim 1:
24 A gaseous composition at a temperature
25 below about 200°C at atmospheric pressure,
26 adapted to deposit at least a first layer of tin oxide
27 and silicon oxide onto glass at a rate of deposition
28 greater than about 350 Ǻ/sec. at a temperature
29 below about 200°C, at atmospheric pressure,
30 wherein the composition comprises [1] a precursor
31 of tin oxide, [2] a precursor of silicon oxide of the
5
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