Ex Parte Shimomura et al - Page 3



          Appeal No. 2005-0805                                                         
          Application No. 10/234,097                                                   
               Appellants submit at page 4 of the brief that “[c]laims 1-5             
          fall together and claim 1 represents the invention.”                         
          Accordingly, all the claims stand or fall together with claim 1.             
               We have thoroughly reviewed each of appellants’ arguments               
          for patentability.  However, we are in complete agreement with               
          the examiner that the claimed subject matter would have been                 
          obvious to one of ordinary skill in the art within the meaning of            
          § 103 in view of the applied prior art.  Accordingly, we will                
          sustain the examiner’s rejections for the reasons set forth in               
          the answer, and we add the following primarily for emphasis.                 
               Appellants admit that it was known in the art to use                    
          stainless steel electrodes and mass spectrometers of the type                
          claimed.  In addition, appellants do not contest the examiner’s              
          factual determination with respect to the disclosures of Redmond             
          and Shiokawa.  As explained by the examiner, Redmond evidences               
          that it was well known in the art to bake stainless steel in a               
          temperature range of 200oC - 700oC in an air atmosphere in order             
          to form a protective oxide layer.   Shiokawa teaches that                    
          stainless steel can be reconditioned by baking to remove gases               
          which are absorbed on the surface.                                           



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