Ex parte JARVINEN - Page 10




          Appeal No. 2000-0803                                                        
          Application 05/333,233                                                      


          constitutes a first reason necessitating reversal of the                    
          examiner’s rejection of claim 1.                                            
               With respect to the examiner’s proposed modification of                
          Thompson in view of Bryan, even if a conically shaped                       
          component such as element 50 of Bryan were to be incorporated               
          into Thompson’s device, the ensuing device would not respond                
          to the requirement of claim 1 that the mantle have a closed                 
          end.  This is so because, in our opinion, the apertures in                  
          Bryan’s component 50 would permit gases to flow therethrough                
          and thus not “close” the end of the mantle.  This constitutes               
          an additional reason necessitating reversal of the examiner’s               
          rejection of claim 1 to the extent it is based on Thompson as               
          the starting point of the rejection.                                        
               Concerning the examiner’s proposed modification of Schade              
          in view of Bryan, it appears to us that the cap at the upper                
          end of Schade’s heat absorbing and dissipating element 26                   
          would need to be retained upon incorporating a conically                    
          shaped component such as element 50 of Bryan therein in order               
          to meet the claim limitation calling for a mantle having a                  
          closed end.  However, it is not clear why the ordinarily                    
          skilled artisan would do this if the incorporated conically                 
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