Appeal No. 1998-1374
Application No. 08/466,562
35 U.S.C. § 112, second paragraph.
THE REJECTION UNDER § 103
All the appealed claims stand rejected under 35 U.S.C. §
103 as the subject matter claimed therein would have been
obvious from the disclosure of Nakatani. As in the prior
appeal, appellants' have presented here two sets of claims of
varying scope. Claims 1 through 10 require: powdered copper
particles; powdered copper aluminate particles; and, organic
materials. Claims 21 through 25 require, in addition to the
ingredients of claims 1 through 10, from 5-12 volume percent
"glass-ceramic" particles. Except for the lack of the ceramic
substrate, claims 1 through 10 here correspond substantially
to claims 11 through 20 in appellants' earlier filed
application. Except for the lack of the "glass-ceramic"
substrate, claims 21 through 25 here correspond substantially
to claims 26 through 30 in appellants' earlier filed
application.
Here, although the claims in this appeal are, to some
degree, broader than the claims in the prior appeal because
they do not recite or require the substrate recited in the
claims in the earlier filed application, the issue decided in
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