Ex parte WEINBERG et al. - Page 6




              Appeal No. 1997-1685                                                                                       
              Application 08/348,236                                                                                     

                            Turning next to claim 11, claim 11 recites a colored substrate composition                   
              comprising a glass or glass ceramic substrate having at least one decorative ceramic                       
              color layer applied thereto.  The decorative ceramic color layer comprises at least three                  
              ingredients: (1) at least one pigment, (2) at least one glass and (3) from 1-20 wt.% of a                  
              chemically inert, elastic inorganic substance.  The chemically inert, elastic inorganic                    
              substance consists of mica flakes.                                                                         
                            Yamazaki describes a glass or ceramic substrate having coated thereon a                      
              composition comprising an inorganic pigment, glass powder and 10-25 wt.% of a pearl                        
              luster pigment, that is, mica coated with titania or iron oxide.  Yamazaki differs from claim              
              11 in his use of coated mica.                                                                              
                            Diefenbach describes a glass or ceramic substrate having coated thereon a                    
              composition comprising (1)  glass flux and (2) at least 10 wt. % mica platelets coated with                
              titanium or iron oxide.  The coated mica platelets are referred to as pigments; the color is               
              provided by the color of the naturally occurring mineral itself or from the metal oxide                    
              coating.  Diefenbach differs from claim 11 in the use of coated mica.  He also does not                    
              teach the use of pigment in combination with the coated mica.                                              
                            It is the examiner’s position that the coated mica of Yamazaki and                           
              Diefenbach satisfies the claimed mica flakes of claim 11 because mica is inorganic and                     
              elastic.  Applicants, on the other hand, urge that the language “a chemically inert, elastic               
              inorganic substance and said elastic inorganic substance consists of mica flakes...”                       

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