Ex Parte WALKER et al - Page 6



          Appeal No. 1999-1748                                                        
          Application 08/846,285                                                      

          spark plasma creating metal foil ignitor in ignition relationship           
          with the charge, and igniting the charge to convert the                     
          exothermic weld metal material to weld metal.                               

               Simply stated, it is our point of view that one having                 
          ordinary skill in the art at issue would not have considered the            
          molten metal-liquid explosive device of Lee to carry out a method           
          of igniting exothermic weld material to convert the weld material           
          to weld metal, as set forth in method claim 1.  Thus, even with             
          the Lee device modified to replace the ignition coil 30 with the            
          thin film device of Dahn, as proposed by the examiner, the now              
          claimed method would not be attained.  It is for this reason that           
          the rejection of claim 1 and claims dependent therefrom cannot be           
          sustained.                                                                  

                           ARTICLE AND COMBINATION CLAIMS                             

               We sustain the rejection of claims 19 through 22, 24 through           
          29, and 35 through 38.                                                      

               Initially, we note that, as disclosed (specification, page             
          4), an ignitor includes one or more “distortions” in the form of            
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