Ex Parte MARLOR et al - Page 4




          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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