Ex parte SCOTT et al. - Page 13

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

          discharge lamps and the coating in Sulcs is used for reflecting              
          heat only and has nothing to do with reducing diffusion of fill              
          materials [brief, pages 6-8].                                                
          When the positions of the examiner and appellants are                        
          evaluated in view of the prior art evidence before us, we are                
          again of the view that appellants= arguments are convincing that             
          the examiner has failed to factually support his position of                 
          obviousness.  The position that a second coating in Sulcs would              
          have been obvious to the artisan is incorrect for reasons we                 
          discussed above.  We also agree with appellants that there is no             
          basis to combine the teachings of Sulcs with the teachings of                
          Coaton and Koury.  The coatings in Coaton and Koury are at cross             
          purposes with the coating in Sulcs.  The Sulcs coating reflects              
          light and heat back onto the tube whereas the coatings of Coaton             
          and Koury are designed to be transparent and to diffuse elements             
          other than sodium.  There is no evidence other than appellants'              

          own disclosure that the particular oxides recited in the claims              
          would be effective in a sodium discharge lamp.  The examiner=s               
          decision to combine these particular prior art references can                
          only be supported by the hindsight reconstruction of the claimed             


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