Appeal No. 2000-0037
Application 08/627,631
THE REFERENCES
The references of record which are being relied on by the
examiner as evidence of obviousness are:
Lee et al. (Lee) 5,166,101 November 24, 1992
Japanese Patent 05-267480, Yamashita, October 15, 1993
Japanese patent 05-47758, Hosoda, February 26, 19932
Additionally, the examiner has relied on what he has
characterized as "the admitted prior art" in support of his
rejections. According to page 5 of the Examiner's Answer, "the
admitted prior art" may be found at page 2, line 26 through page
3, line 15 of appellants' specification. The cited disclosure is
directed to borophosphosilicate glass (BSPG) and its method of
preparation.
THE REJECTIONS
Claims 1 through 36 stand rejected under 35 U.S.C. 103 on
the grounds that the claimed invention would have been obvious at
the time appellants made their invention in view of the
disclosure of any of Lee, Yamashita or Hosoda considered with the
"admitted prior art." We reverse.
2 All references in this decision to Yamashita and Hosoda
are references to the translations obtained by the PTO.
4
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