Appeal No. 2003-1246
Application 08/393,617
glass is not deleterious to molybdenum (Specification at 2,
ll. 18-19), the use of platinum is not required.
B. The claims
Claim 1, the broader of the two independent claims, reads as
follows:
1. A solder glass comprising, by weight: about 60
to 67% Sb2O3; about 27 to 32% B2O3; and from greater
than 0 to 10% ZnO.
C. The references, rejection, and level of skill in the art
The rejection is based on the following U.S. patents:
Weaver 4,342,943 Aug. 3, 1982
Snell et al. (Snell) 4,493,944 Jan. 15, 1985
Claims 1-4 stand rejected under 35 U.S.C. § 103(a) for
obviousness over Snell in view of Weaver.
The level of skill in the art, which has not been addressed
by the examiner or Appellants, is represented by the references.
See In re Oelrich, 579 F.2d 86, 91, 198 USPQ 210, 214 (CCPA 1978)
("the PTO usually must evaluate both the scope and content of the
prior art and the level of ordinary skill solely on the cold
words of the literature"); In re GPAC Inc., 57 F.3d 1573, 1579,
35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (Board did not err in
adopting the approach that the level of skill in the art was best
determined by the references of record).
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