Ex parte RUTAN et al. - Page 8




          Appeal No. 95-3288                                                           
          Application 08/148,020                                                       



          Inc. v. Garlock, Inc., 721 F.2d 1540, 1548, 220 USPQ 303, 309                
          (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).                         
                    We note that Charles teaches an optically translucent              
          alumina ceramic.  See column 1, lines 4-5.  We note that all of              
          the Appellants' claims recite "optically opaque, heat-resistant              
          and electrically insulative alumina shield."  We note that                   
          Charles is entirely concerned with solving the problem of pro-               
          viding an optically translucent alumina ceramic.  In column 1,               
          lines 21-48, Charles teaches that it is known in the prior art               
          that MgO, at a small level, is a necessary constituent in alumina            
          ceramics if a high degree of translucency is to be obtained in               
          the sintering process.  Charles further teaches that the prior               
          art processes result in an excess of MgO which forms second phase            
          inclusions.  These second phase inclusions are undesirable as                
          they contribute to light scattering and decrease the degree of               


          translucency.  Charles discloses in column 2, lines 5-30, a                  
          process that ensures the proper amount of MgO so as to provide               
          an optically translucent alumina.                                            
                    Furthermore, we fail to find any suggestion of using               
          the Charles ceramic as an optically opaque, heat-resistant and               


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