Ex parte NORTRUP - Page 3




          Appeal No. 96-3038                                                          
          Application No. 08/372,069                                                  


               1.  An arc tube comprising: a light transmissive body                  
          containing an arc generating and sustaining medium; a press                 
          seal formed at one end of said body, said press seal                        
          comprising a planar portion separating opposed edges; a first               
          foil sealed in said planar portion; a lead-in conductor                     
          attached to said foil and extending outside of said body and                
          an electrode attached to said foil and extending inside said                
          body; a first cavity formed on a first of said edges and a                  
          second cavity formed on a second of said edges; a fill in each              
          of said cavities for supporting emission of ultra-violet                    
          radiation; and a second foil sealed in said planar portion and              
          being attached to said first foil, said second foil having a                
          first end terminating in said first cavity and a second end                 
          terminating in said second cavity.                                          
               The reference relied on by the examiner is:                            
          Morris                   5,323,091                     June 21,             
          1994                                                                        
               Claims 1 through 5 stand rejected under 35 U.S.C. § 103                
          as being unpatentable over Morris.                                          
               Reference is made to the briefs and the answer for the                 
          respective positions of the appellants and the examiner.                    
                                       OPINION                                        
               Morris discloses a single cavity 62 (Figure 4), and one                
          end of the second foil 60 terminates in this cavity.                        
          According to the examiner (Answer, page 4), the claimed                     
          “second cavity” is a “mere duplication of parts for a multiple              
          effect,” and “is not patentably distinct where the operation                
          of the device would not thereby be modified (see St. Regis                  
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