Appeal No. 95-4066
Application 07/963,189
a palladium content of from 1 to 15 atomic percent.
Claim 4 depends from independent claim 1 and further
includes in the alloy of claim 1 copper in an amount less than
30 atomic percent. Claim 10 depends from claim 7 and further
includes in the silver-copper alloy of claim 7 from 1 to 15
atomic percent palladium. Claim 15 depends from independent
claim 13 and further requires in the alloy of claim 13 from 1
to 30 atomic percent copper. Claim 20 depends from independent
claim 17 and further includes in the alloy of claim 17 from 1
to 30 atomic percent of copper.
OPINION
The examiner's first stated rejection under 35 U.S.C. §
103 over appellants' admission considered with Tomie,
Kobayashi, Takahashi and Shindo is apparently founded on the
examiner's unsubstantiated position that a person of ordinary
skill in the art would have been motivated to substitute for
the admitted, conventional gold reflector layer, the reflector
layer of Tomie as modified in accordance with Kobayashi,
Takahashi and Shindo. Thus, as a first error in his rejection,
7
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