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). 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007