Ex parte SPENCER - Page 11




          Appeal No. 1997-3886                                                       
          Application No. 08/232,460                                                 


          oxygen as a carrier, with any remainder being a rare gas                   
          (Office action dated July 9, 1996, Paper No. 28, page 8).                  
               Appellant argues that Fath is only directed to the use of             
          nitrogen or argon or a mixture of the two with from 0 to 50%               
          of oxygen (Brief, page 6).  Appellant’s argument is not                    
          persuasive since Fath clearly teaches (column 2, lines 24-31)              
                         [S]aid atmosphere at least initially                        
                         contains from 10 to 100%, typically                         
                         at the industrial level from 50 to                          
                         80% nitrogen monoxide or argon, or                          
                         a mixture of the two, from 2 to 20%                         
                         and typically from 15 to 20% oxygen                         
                         and the remainder if any being composed                     
                         of an inert gas in the sense of this                        
                         invention, i.e. nitrogen, carbon                            
                         dioxide or another rare gas or                              
                         mixtures thereof.                                           
















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