Ex Parte MARLOR et al - Page 9




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


               In the absence of a teaching that ZnO and PbO would be                 
          expected to be equivalent in Snell's glass compositions, we do              
          not reach the question of whether the known toxicity of PbO would           
          have motivated one skilled in the art to substitute ZnO for PbO             
          in Snell's solder glass compositions.                                       
                    Accordingly, we are reversing the rejection as to claim           
          1 and also as to claims 2-4, which stand or fall therewith.                 
                                   REVERSED                                           


                    JOHN C. MARTIN               )                                    
                    Administrative Patent Judge  )                                    
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                                                  )   BOARD OF PATENT                 
                    LEE E. BARRETT               )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
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                    LANCE LEONARD BARRY          )                                    
                    Administrative Patent Judge  )                                    






          JCM/dpl                                                                     





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