Ex parte SEDER - Page 8




          Appeal No. 1998-0873                                                        
          Application 08/301,279                                                      

               By contrast, the phosphor coated product produced by                   
          the other disclosed prior art process of heating a linear                   
          phosphor-coated tube to its working temperature and then                    
          bending it (specification, pp. 3-4), is not the same as the                 
          phosphor coated product produced by Appellant's claimed                     
          process of dragging a nozzle through the tube while pumping                 
          phosphors onto the tube because bending after coating causes                
          the efficiency of the phosphors to be diminished and causes                 
          cracks in the phosphor coating, whereas Appellant's process                 
          does not create these problems.  Thus, the structural                       
          properties of the phosphor layer are different and the                      
          product is different.                                                       
               The APA states that a uniform coating has not been                     
          achieved with "S" shaped or "M" shaped tubes.  Thus, the                    
          product of claims 8, 9, 12, and 13 is different from the APA                
          because it impliedly has a more uniform coating than the                    
          APA.                                                                        
                                    CONCLUSION                                        
               The rejection of claims 7-13 is reversed.                              
               A new ground of rejection is entered as to claims 7,                   
          10, and 11 pursuant to 37 CFR § 1.196(b).                                   

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