Ex Parte MISZCZAK et al - Page 2




               Appeal No. 2005-1378                                                                                2                 
               Application No. 09/227,242                                                                                            


               intervening claims.”  See the Answer, page 3.  Claims 21 through 27 were indicated to be                              
               allowable by the examiner.  See the Answer, page 2.                                                                   
                       The subject matter on appeal is directed to metal-core weld wires having reduced                              
               fume generation during gas shielded welding operations.  See, e.g., the specification, page                           
               1.  Further details of the appealed subject matter are recited in representative claim 1                              
               reproduced below:                                                                                                     
               1.      A metal-core weld wire for gas shielded welding, comprising:                                                  
                       a low carbon steel sheath having a carbon content of less than 0.005% C;                                      
                       a metal core composition between approximately 16% and approximately                                          
               20 % of a total weight of the metal-core weld wire,                                                                   
                       whereby the metal-core weld wire has a relatively reduced fume generation rate.                               
                       Claims 1, 3, 5, 8 and 11 stand rejected under 35 U.S.C. § 103 as unpatentable over                            
               the disclosure of U.S. Patent 5,824,992 issued to Nagarajan et al. on October 20, 1998                                
               (hereinafter referred to as “Nagarajan”).                                                                             
                       We have reviewed the claims, specification and applied prior art reference,                                   
               including all of the arguments and evidence advanced by both the examiner and the                                     
               appellants in support of their respective positions.  This review has led us to conclude that                         
               the examiner’s Section 103 rejection is well founded.  Accordingly, we affirm the                                     
               examiner’s Section 103 rejection essentially for those factual findings and conclusions set                           
               forth in the Answer.  We add the following primarily for emphasis and completeness.                                   








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