Ex parte ALLEN et al. - Page 11




          Appeal No. 1999-1925                                                        
          Application No. 08/649,887                                                  


          overlaps the claimed range and, therefore, renders the claimed              
          range obvious.  See In re Malagari, 499 F.2d 1297, 182 USPQ 549             
          (CCPA 1974).                                                                
               Lastly, appellants argue (Brief, page 10) that de Vrijer               
          provides no motivation for using an elongated arc tube.  We                 
          have already determined above that Mathews suggests such shape              
          with de Vrijer merely being cumulative.  Accordingly, as we are             
          unpersuaded of any error in the examiner's rejection of claims              
          9, 11 through 18, and 20, we will sustain the rejection                     
          thereof.                                                                    



















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