Ex parte SCOTT et al. - Page 5

          Appeal No. 96-1931                                                           
          Application 07/995,635                                                       

          asserts that the ZrO2 coating described at column 1, line 61 of              
          Sulcs Ais inherently a transparent coating@ which transmits the              
          visible portion of the spectrum while reflecting the infrared                
          portion back toward the filament [answer, page 3].  Appellants               
          argue that the white metal oxide described in Sulcs is an opaque             
          coating and, thus, is not transparent as claimed.  The examiner              
          responds that ZrO2 is a transparent oxide as claimed [answer,                
          pages 7-8].  Finally, appellants maintain that the examiner has              
          no support for his position [reply brief, pages 2-3].                        
          The question of whether the zirconium oxide of Sulcs is a                    
          transparent coating is a question of fact which must be demon-               
          strated by the examiner.  The examiner relies on inherency and a             
          reference to additional prior art which indicates that zirconium             
          oxide is transparent.  Although we have no doubt that some forms             
          of zirconium oxide are transparent as asserted by the examiner,              
          the issue before us is whether the zirconium oxide of Sulcs is               
          transparent since it is the only reference cited in support of               
          The coating in Sulcs is for the purpose of providing a                       
          heat shield which reduces heat loss near the end caps of the arc             
          tube.  Thus, Sulcs is not interested in letting light out through            
          the coating, but instead, is interested in keeping heat in.                  


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