Appeal No. 1998-0551
Application No. 08/299,292
Appellants argue that temperature controlled lamps vary
in the amount of mercury introduced, and that Appellants
precisely control the amount of mercury by forming an amalgam
with a metal, such as zinc, which does not have an impact on
the mercury vapor pressure. (Brief-pages 4 and 5.)
Appellants contend that Evans is directed to only amalgam
controlled lamps (which control the mercury vapor pressure),
and although zinc is mentioned as an alternative to indium
(column 4, lines 2-4), zinc will not control mercury vapor
pressure. Thus, Evans is in error as to zinc being suitable
in the amalgam controlled lamps. (Brief-pages 5-7.)
Appellants supply graphs to show the lack of effect zinc
amalgam has on vapor pressure (brief-pages 8 and 9) and
support this with a declaration from an expert in the field
(declaration of paper no. 8). The Examiner has not disputed
that these graphs show a lack of vapor pressure control with
zinc amalgam. Furthermore, the Examiner agrees with the
premise that the control of mercury vapor pressure occurs by
two separate methods, temperature control and amalgam control
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