Appeal No. 95-5093
Application 08/047,132
applicable only to the Taylor and Kyle references discussed
immediately before the statement. We say this because the
examiner later states at page 6 of the Answer that "the artisan
recognizes that CABAL 12 is the trade name for the glass which
the applicants are claiming by their generic compositions in the
instant claims." The examiner also states at page 9 of the2
Answer that CABAL 12 is the same as the instant glass (see first
full paragraph). According to the examiner, it would have been
obvious for one of ordinary skill in the art to employ the glass
sealant CABAL 12 in manufacturing a device of the type claimed.
The fundamental error in the examiner's position is that
CABAL 12 is not disclosed as containing any SiO , let alone the
2
10-15 mole % required by the appealed claims. This point is
urged by appellants at page 12 of the principal Brief, first
paragraph. Accordingly, since none of the applied references
teach a glass insulator of the claimed composition, and the
examiner has not established on this record why one of ordinary
skill in the art would have found it obvious to modify the CABAL
12 composition of Watkins by including 10-15 mole % of SiO in
2
making a device for implantation in a human body, we are
constrained to conclude that the examiner has not met her initial
2CABAL 12 is the glass composition disclosed in the three
Watkins abstracts.
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