Ex Parte MARLOR et al - Page 6




          Appeal No. 2003-1246                                                        
          Application 08/393,617                                                      


          0-25% of a metal oxide, which can be zinc oxide, lead oxide, or a           
          mixture of the two, with zinc oxide being preferred (col. 3, ll.            
          1-10).  Even more desirable compositions are ternary systems                
          containing 50-75% of V205, 15-40% of P2O5, and 5-20% of metal               
          oxide, which is zinc oxide, lead oxide, or a mixture of the two             
          (col. 3, ll. 11-19).  Weaver further explains that the glass                
          compositions may additionally contain other metal oxides, such as           
          antimony oxide and boron oxide (the two main components in                  
          Snell's glass compositions), in an amount up to about 15% by                
          weight (col. 3, ll. 31-37).  Antimony oxide adjusts the                     
          electrical resistivity of the glass and boron oxide improves the            
          flow properties of the fused glass (col. 3, ll. 38-43).                     
          The examiner contends it would have been obvious in view of                 
          Weaver to replace the PbO in Snell's solder glass with ZnO:                 
               Weaver shows that ZnO is equivalent to PbO for use in                  
               solder glass (see abstract line[s] 7 and 8; column 2                   
               lines 31 and 32; column 2 lines 57-58 and column 3                     
               line[s] 9 and 10).  Therefore, because these two                       
               components were recognized equivalent[s] at the time                   
               the invention was made, on[e] of ordinary skill in the                 
               art would have found it obvious to substitute ZnO for                  
               PbO in the solder glass (22) of Snell et al.  For                      
               example, one reason for substituting ZnO for PbO might                 
               be the known safety hazards associated with lead use.                  
          Final Office action (Paper No. 20), at 2-3; Answer at 2-3.                  
               In response to Appellants' argument that "Weaver teaches the           
          equivalence of PbO and ZnO in a vanadium-phosphorous solder glass           
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