Ex Parte Briand et al - Page 2



          Appeal No. 2005-0582                                                        
          Application 09/870,014                                                      


               helium, the argon and the helium with a content greater                
          than or equal to 70% by volume; and                                         
               a third gas consisting of O2 or CO2 with a content of                  
          non zero to 30% by volume.                                                  
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Yenni et al. (Yenni)                 2,753,427    July  3, 1956             
          Cook                                 2,790,656    Apr. 30, 1957             
          Steen                                4,167,662    Sep. 11, 1979             
          Hamasaki                             4,507,540    Mar. 26, 1985             
          Galantino et al. (Galantino ‘841)    4,749,841    June  7, 1988             
          Cherne et al. (Cherne)               4,871,898    Oct.  3, 1989             
          Galantino et al. (Galantino ‘866)    4,902,866    Feb. 20, 1990             
          Beyer et al. (Beyer)                 5,821,493    Oct. 13, 1998             

               Appellants’ claimed invention is directed to a process for             
          arc/laser hybrid welding for joining together workpieces made of            
          steel.  The process shields at least one part of the welding zone           
          with a ternary gas mixture consisting of argon, helium and an               
          amount of O2 or CO2 within the range of greater than zero to 30%            
          by volume.                                                                  
               The appealed claims stand rejected under 35 U.S.C. § 103(a)            
          as follows:                                                                 
               (a) claims 1, 2, 7-9, 15, 22, 23 and 25 over Hamasaki in               
          view of Steen, Yenni, Cherne or Galantino ‘841;                             

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