Ex Parte WALL et al - Page 14


         Appeal No. 2001-0130                                                       
         Application No. 09/050,491                                                 

         in a furnace.  (Answer, page 6.)  Nevertheless, the examiner               
         reasoned that conventional heating means, such as furnaces,                
         would have been recognized by one of ordinary skill in the art             
         to be effective for providing the non-oxidizing atmosphere of              
         Park ‘095.  (Id.)                                                          
              The appellants do not really dispute the examiner’s                   
         reasoning with respect to the furnace.  Rather, the appellants             
         repeat their argument with respect to appealed claim 1 that Park           
         ‘095 does not disclose the “floating contact” concept.                     
              Under these circumstances, we uphold the examiner’s                   
         rejection on this ground for the same reasons given above for              
         appealed claim 1.                                                          

                                      Summary                                       
              In summary, our disposition of this appeal is as follows:             
              I.        the rejection of claims 9 and 36 under 35 U.S.C.            
                        § 112, second paragraph, as indefinite is                   
                        reversed;                                                   
              II.       the rejection of claims 1 through 3, 5 through              
                        16, 18, 19, 21, 22, 30, 32 through 42, 44, 45,              
                        and 47 under 35 U.S.C. § 102(b) as anticipated by           
                        Park ‘942 is reversed;                                      


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