Ex parte SAKOSKE et al. - Page 11




          Appeal No. 96-2682                                                          
          Application 08/145,269                                                      



          lead and a lamp envelope.  We note that Appellants’ claim 6                 
          recites an electric lamp comprising a sealed vitreous envelope              
          defining a hollow portion and at least one tungsten molybdenum              
          alloy electrode lead extending through said envelope into said              
          hollow portion, a hermetic seal being formed between said lead              
          and said envelope.  Upon a closer review of Driessen, we find               
          that Driessen shows in figures 2 through 4 a sealed envelope                
          defining a hollow portion but does not teach or suggest at least            
          one tungsten molybdenum alloy electrode lead extending through              
          said envelope into said hollow portion.                                     
                    We are not inclined to dispense with proof by evidence            
          when the proposition at issue is not supported by a teaching in a           
          prior art reference, common knowledge or unquestionable                     
          demonstration.  Our reviewing court requires this evidence in               
          order to establish a prima facie case.  In re Knapp-Monarch Co.,            
          296 F.2d 230, 232, 132 USPQ 6, 8 (CCPA 1961); In re Cofer, 354              
          F.2d 664, 668, 148 USPQ 268, 271-72 (CCPA 1966).                            



                    In view of the foregoing, the decision of the Examiner            
          rejecting claims 1 through 5, 19 and 20 under 35 U.S.C. § 103               


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