Ex parte SCHOLZ - Page 5




          Appeal No. 1997-4175                                                        
          Application No. 07/805,703                                                  


          a concave surface adjacent to said slot.”  Notwithstanding the              
          examiner’s explanation of how the opening in Delembre may be                
          considered to have the claimed properties [answer-page 5], we               
          do not find any suggestion in the applied references for                    
          forming a slot, as claimed.                                                 
               Moreover, and most importantly, the instant claims                     
          require a chemical fill in an interior region of “the                       
          electrode support tube.”  Delembre doesn’t teach anything                   
          about an amalgam, or chemical fill.  Wesselink, although                    
          concerned with amalgams, is directed to applying the amalgam                
          in the discharge space of the arc tube and there is no                      
          teaching or suggestion therein for applying the chemical fill               
          to an interior region of “the electrode support tube.”  We do               
          not find the examiner’s argument [answer-page 5] that, in                   
          Delembre, “the chemical fill is introduced, through the                     
          electrode support tube, through the opening, in to [sic] a                  
          discharge tube” to be persuasive.  Since there is no teaching,              
          in Delembre, of a chemical fill, or amalgam, in an interior                 
          region of the electrode support tube, the examiner’s                        
          conclusion appears to be based on speculation through                       
          hindsight.  The total disclosure in Delembre, regarding hole                
                                          5                                           





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