Ex Parte RUSSO et al - Page 20

              Appeals 2006-2874 and 2006-2747                                                        
              Applications 08/544,212 and 09/287,664                                                 
              Patent 5,401,305                                                                       
          1   deposition] source solutions comprising metal oxide precursors and                     
          2   accelerants."  Examiner's Answer, page 3 (Appeal 2006-2747).                           
          3         To confirm the correctness of the Examiner's observation, one need go            
          4   no further than the specification of the patent sought to be reissued where            
          5   one can find a discussion of the prior art.                                            
          6         Two prior art references discussed Appellants' specification are                 
          7   (1) Gordon (U.S. Patent 4,206,252) and (2) Hochberg, J. Electrochem. Soc.              
          8   136(6) 1843 (1989).  Gordon is mentioned at col. 2, lines 15-27 and                    
          9   Hochberg is mentioned at col. 3, lines 55-64.  Both are prior art vis-à-vis            
         10   Appellants under 35 U.S.C. § 102(b).                                                   
         11                                                                                          
         12                              Examiner's rationale                                        
         13         The Examiner found, and Appellants do not seem to disagree, that the             
         14   subject matter described in Example 4 of Lagendijk differs from the claimed            
         15   subject matter in that it does not include a metal oxide.  Examiner's Answer,          
         16   page 3 (Appeal 2006-2747).                                                             
         17         The Examiner also found that Examples 4-144 of Gordon '316                       
         18   describe the use of a combination of a silicon oxide and a metal oxide,                
         19   including oxides of indium, aluminum and zinc to obtain certain properties             
         20   in films.  Examiner's Answer, page 4.                                                  
         21         The Examiner reasoned that it would have been obvious, in view of                
         22   Gordon '316 to use a metal oxide in combination with the silicon oxide in              
         23   the process of Lagendijk in order to obtain those same properties.                     
         24                                                                                          
                                                                                                    
              4   The Examiner's Answer refers to "claims 4-14."  In context, it is clear that       
              the Examiner meant to refer to Examples 4-14.                                          
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