Appeal No. 2000-1075
Application 08/838,910
electrolyte tube (13) (abstract; col. 2, lines 22-24). The
disclosed heating element materials include silicon carbide,
silicon nitride and aluminum nitride (abstract; col. 4, lines 10-
19). The fact that silicon carbide, silicon nitride and aluminum
nitride are the heater materials recited in the appellants’
claim 34, which depends from claim 32, indicates that they have
an emissivity of at least 0.6.
The examiner argues that it would have been obvious to one
of ordinary skill in the art to use Agarwal’s silicon carbide,
silicon nitride or aluminum nitride as Ker’s heater material
because these materials are readily available and inexpensive,
Ker and Agarwal are analogous art, and incorporation of
conventional features from analogous prior art is within the
skill of the art (answer, pages 6 and 9).
The examiner has provided no evidence or reasoning which
shows that one of ordinary skill in the art would have considered
any readily available and inexpensive ceramic material to be
suitable for use as Ker’s heating element base material. Also,
the examiner has not provided evidence or reasoning which shows
that the references themselves would have led one of ordinary
skill in the art to combine their teachings as proposed by the
examiner. Merely asserting that the references are analogous art
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