Appeal No. 1998-0551
Application No. 08/299,292
(advisory action, paper no. 18, top of page 1, mailed November
20, 1996).
We have reviewed Evans and agree with Appellants that
Evans is directed solely to amalgam controlled lamps. The
Examiner’s response (answer-pages 4 and 5) that Evans is a
temperature controlled lamp because Evans suggests zinc
amalgam is simply contrary to the Evans disclosure.
The Examiner has provided no evidence to refute
Appellants’ graphs and declaration that zinc amalgam will not
work in an amalgam controlled lamp. Evans has suggested an
amalgam controlled lamp using zinc amalgam, but, even if zinc
amalgam would work for an amalgam controlled lamp, the
quantity, size, consistency, solid/liquid phase, etc. of the
pellets are not disclosed. As argued by Appellants (brief-
page 15), there is no evidence to support the Examiner’s
contention that the disclosed characteristics of the indium
pellets in Evans also apply to zinc pellets. Even if the
characteristics of indium and zinc pellets were the same, in
the context of Evans, one would expect the result to be an
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