Ex parte KLEE et al.

Board of Patent Appeals and Interferences

Aug 24, 1998

08151589 (B.P.A.I. Aug. 24, 1998)

Application for patent filed November 12, 1993. 1
According to appellants, the application is a continuation of
Application No. 07/927,702, filed August 7, 1992, now
abandoned.
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered
today (1) was not written for publication in a law
journal and (2) is not binding precedent of the
Board.
Paper No. 26
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte MAREIKE KLEE, WOLFGANG BRAND and HENRICUS VAN HAL
____________
Appeal No. 95-4963
Application No. 08/151,5891
____________
ON BRIEF
____________
Before CAROFF, JOHN D. SMITH and PAK, Administrative Patent
Judges.
PAK, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the examiner’s final
rejection of claims 19, 21 through 25 and 27 through 37, which
are all of the claims remaining in the application.
Appeal No. 95-4963
Application No. 08/151,589
2
The subject matter on appeal is directed to a method of
manufacturing a ferroelectric layer of bismuth-titanate having
formula Bi Ti O on a substrate. This subject matter is4 3 12
adequately illustrated in independent claim 19 which is
reproduced below:
19. A method of manufacturing a ferroelectric layer of
bismuth-titanate Bi Ti O on a substrate, said method4 3 12
comprising the steps of
a) forming a stoichiometric mixture of bismuth and
titanium in the form of either a metallo-organic compound or a
metallo-inorganic compound or both mixed in an organic
solvent,
b) homogeneously mixing said compounds in the solvent,
c) applying said solution to a substrate,
d) thermally treating said solution at reaction
temperatures ranging from 500EC to 650EC in a vacuum free
atmosphere so that, a layer of bismuth-titanate Bi Ti O is4 3 12
formed on said substrate to a thickness of about 0.1 to 2 Fm.

The references relied on by the examiner are:
Bardhan et al. (Bardhan) 5,004,713 Apr.
2, 1991
Yi et al. (Yi), “Sol-Gel Processing of Complex Oxide Films,”
Ceramic Bulletin, Vol. 70, No. 7 (1991) pp. 1173-1179
(hereinafter referred to as “Yi”).
The appealed claims stand rejected as follows:
Appeal No. 95-4963
Application No. 08/151,589
3
(1) Claims 25, 30 and 35 under 35 U.S.C. § 112, second
paragraph, as being indefinite for failing to particularly
point out and distinctly claim the subject matter which
applicants
Appeal No. 95-4963
Application No. 08/151,589
4
regard as their invention; and
(2) Claims 19, 21 through 25 and 27 through 37 under
35 U.S.C. § 103 as unpatentable over the combined teachings of
Bardhan and Yi.
We reverse each of the above rejections. We reverse the
examiner’s § 112 rejection for essentially those reasons set
forth at pages 11 through 13 of the Supplemental Appeal Brief.
We also reverse the examiner’s § 103 rejection inasmuch as the
examiner has not presented adequate factual basis to support
his conclusion of obviousness. As indicated by appellants at
pages 5 through 7 of the Supplemental Appeal Brief, the
examiner has not only failed to supply evidence to establish
that the claimed formula Bi Ti O is identical to or would have4 3 12
been rendered obvious by the formula Bi O xTiO described by2 3 2
Bardhan, but also failed to supply evidence to establish that
employing a stoichiometric mixture of bismuth and titanium to
form Bi Ti O4 3 12
is taught or would have been rendered obvious by the combined
teachings of Bardhan and Yi. In this regard, we note that the
examiner does not point to any teaching or suggestion which is
directed to the employment of a stoichiometric mixture of
Appeal No. 95-4963
Application No. 08/151,589
5
bismuth and titanium. We also note that, when x is 3/2 (1.5)
as
Appeal No. 95-4963
Application No. 08/151,589
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indicated by the examiner, Bardhan’s bismuth titanate has a
formula Bi Ti O , not the claimed formula Bi Ti O . Although2 1.5 6 4 3 12
Bi Ti O and Bi Ti O have the same proportions of bismuth,2 1.5 4 36 12
titanium and oxygen, the examiner has not established that the
differences in the total number of atoms and weight are not
significant in the formation of a ferroelectric material
having different structures or properties.
The decision of the examiner is reversed.
REVERSED
MARC L. CAROFF )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JOHN D. SMITH ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
CHUNG K. PAK )
Administrative Patent Judge )
Appeal No. 95-4963
Application No. 08/151,589
7
Corporate Patent Counsel
U. S. Philips Corp.
Patent Dept.
580 White Plains Rd.
Tarrytown, NY 10591
Appeal No. 95-4963
Application No. 08/151,589
8
CKP/jrg
JENINE GILLIS
Appeal No. 95-4963
Serial No.
08/151,589
Judge PAK

Judge JOHN D. SMITH

Judge CAROFF
Received: 04 Aug
98
Typed: 05 Aug
98 Revision: 21 Aug
98
DECISION: REVERSED

Send Reference(s): Yes No
or Translation(s)
Panel Change: Yes No
3-Person Conf. Yes No
Heard: Yes No
Remanded: Yes No
Brief or Heard
Group Art Unit: 1112
Index Sheet-2901 Rejection(s):
___________
Acts 2: ____
Palm: ____
Mailed: Updated Monthly Disk: ____
Appeal No. 95-4963
Application No. 08/151,589
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Updated Monthly Report: ___