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.                                                 

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