Ex parte SCOTT et al. - Page 9




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


          with an oxide of the claimed genus.  Therefore, we sustain the               
          rejection of claims 5, 8 and 14 as anticipated by the disclosure             
          of Sulcs.  Claim 9 depends from claim 8 and is not separately                
          argued by appellants.  Accordingly, we also sustain the rejection            
          of claim 9 as anticipated by the disclosure of Sulcs.                        
          In summary, the rejection of claims 1, 5, 8, 9 and 14 as                     
          anticipated by Sulcs is sustained with respect to claims 5, 8, 9             
          and 14, but is not sustained with respect to claim 1.                        



                        II. The rejection of claims 2, 6                              
                         and 10 under 35 U.S.C. '  103 as                              
                         unpatentable over Sulcs and Acommon                           
                         knowledge in the art.@                                        
          Claims 2 and 6 are similar in that each recites that the                     
          interior surface of the tube and the exterior surface of the tube            
          are coated with the claimed oxide coating.  Sulcs teaches at most            
          that it is desirable to have a reflective coating around the end             
          caps of the tube.  The reflective coating can be a white metal               
          oxide or a metal coating.  The preferred embodiment of Sulcs uses            
          a reflective metal band around the exterior surface of the tube              
          at the end cap regions.                                                      



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