Ex parte SARVER et al. - Page 2




                    Appeal No. 1998-0551                                                                                                                                  
                    Application No. 08/299,292                                                                                                                            


                    are two ways of controlling the mercury vapor pressure,                                                                                               
                    temperature control and amalgam control.  Appellants use                                                                                              
                    temperature control with zinc.                                                  Representative                                                        
                    independent claim 7 is reproduced as follows:                                                                                                         
                              7.  A temperature controlled fluorescent lamp having a                                                                                      
                    predetermined amount of mercury sealed therein characterized                                                                                          
                    in that the mercury is in the form of a binary zinc amalgam                                                                                           
                    that is partially in the liquid and partially in the solid                                                                                            
                    phase when the lamp is operating.                                                                                                                     
                                                                                                                                                                         
                              The reference relied on by the Examiner follows:                                                                                            
                    Evans et al. (Evans)       4,145,634                                                           Mar. 20, 1979                                          
                              Claims 1 through 23, 25 through 28, and 37 through 44                                                                                       
                    stand rejected under 35 U.S.C. § 102(b) as being anticipated                                                                                          
                    by Evans.                                                                                                                                             
                              Claim 24 stands rejected under 35 U.S.C. § 103 as being                                                                                     
                    obvious over Evans.                                                                                                                                   
                              Rather than repeat the arguments of Appellants or the                                                                                       
                    Examiner, we make reference to the brief, reply brief,                                                                                                
                    supplemental reply brief, answer, and supplemental answer for                                                                                         
                    the respective details thereof.                                                                                                                       
                    OPINION                                                                                                                                               




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