Thursday, July 25, 2013

Papesch cited in Ex parte SIMPSON

The appellant loes in Ex parte SIMPSON

Papesch is invoked:

The Appellants’ claim 1 requires that the indium attachment layer is sufficiently strong to keep the cylindrical target sections attached to the cylindrical backing tube during a sputtering process, but does not exclude additional attachment means such as mechanical fasteners. Because McLeod’s indium solder (col. 6, ll. 32-38) and Wityak’s indium adhesive (¶0027) are made of the same material as the Appellants’ indium attachment layer it appears that, like the Appellants’ indium attachment layer, McLeod’s indium solder and Wityak’s indium adhesive have the strength required by the Appellants’ claim 1. Compare In re Papesch, 315 F.2d 381, 391 (CCPA 1963) (“From the standpoint of patent law, a compound and all of its properties are inseparable; they are one and the same thing”)


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