Ex Parte Martter et al - Page 2




               Appeal No. 2005-0128                                                                                              
               Application No. 10/120,158                                                                                        


                      Appellants’ invention relates to a lighting device for use in a LED device.  An                            
               understanding of the invention can be derived from a reading of exemplary claim 1,                                
               which is reproduced below.                                                                                        

                      1.       An apparatus for use as a light emitting diode (LED) lighting device,                             
                      comprising:                                                                                                

                              a metal substrate having a surface;                                                                

                              a fired dielectric coating layer superimposed on the surface of the                                
                      metal substrate;                                                                                           

                              an electric circuit disposed upon the coating layer; and                                           
                              a light emitting diode (LED) mounted on the substrate and                                          
                      electrically connected to the circuit, whereby the metal substrate is a heat                               
                      sink for the LED.                                                                                          

                      The prior art of record relied upon by the examiner in rejecting the appealed                              
               claims is as follows:                                                                                             
               Hochstein                                    5,857,767                      Jan. 12, 1999                         
               Ellis et al. (Ellis)                         6,233,817                      May 22, 2001                          

                      Claims 1-4, 7-8,19, 21 and 22 stand rejected under 35 U.S.C. § 103 as being                                
               unpatentable over Hochstein in view of Ellis.                                                                     
                      Rather than reiterate the conflicting viewpoints advanced by the examiner and                              
               appellants regarding the above-noted rejections, we make reference to the examiner's                              


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