Appeal No. 1998-0551
Application No. 08/299,292
Since the Examiner has provided no prior art in the
rejection regarding temperature controlled fluorescent lamps,
we will not sustain the Examiner’s rejection of any claims
directed to a temperature controlled lamp. Thus, we will not
sustain the Examiner’s rejection of claims 11 through 16.
Although claims 38 and 40 do not recite the words “temperature
controlled”, we find this limitation expressed in an
alternative manner, as discussed with respect to claim 1
supra, thus we will not sustain the Examiner’s rejection of
claims 38, 39, 40, and 41.
With respect to claim 37, although neither limited to a
temperature nor amalgam controlled lamp, the claimed
characteristics of the materials are not taught by Evans as
discussed supra, thus we will not sustain the Examiner’s
rejection of this claim.
With respect to claims 17 through 28 and 42 through 44,
we find a lamp fill material being claimed. The language “for
a temperature controlled fluorescent lamp” (claim 17) or “for
a fluorescent lamp” (claims 22 and 42) merely represents an
intended use, and does not limit the claimed fill material.
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