Ex Parte Rauch et al - Page 2



         Appeal No. 2005-1485                                                       
         Application No. 10/317,040                                                 


         layer of the cut gemstones without causing any damage thereto due          
         to unwanted reactions.  See the specification, pages 1-3.  The             
         method lies in placing and heating cut gemstones on a solid plate          
         made of color-producing metal or metal oxide.  Id.  Further details        
         of the appealed subject matter are recited in claims 1 and 21 which        
         are reproduced below:                                                      
                   1.   A method of coloring cut gemstones by introducing           
              metal or metal oxide into a surface layer by heat treatment,          
              wherein during the heat treatment the gemstones are laid on a         
              solid plate and the metal or metal oxide forms a substantial          
              constituent of the plate.                                             
              21.    A method of coloring cut gemstones by introducing              
              metal or metal oxide into a surface layer by heat treatment,          
              comprising:                                                           
                   laying the cut gemstones on a solid plate, the metal or          
              metal oxide forming a substantial constituent of the plate;           
              and                                                                   
                   performing heat treatment with the cut gemstones on the          
              solid plate such that the metal or metal oxide is introduced          
              into the surface layer of the cut gemstones.                          
              In support of his rejections, the examiner relies on the              
         following prior art references:                                            
         Nagasawa et al. (Nagasawa)         3,805,124      Apr. 16, 1974            
         Hazelrigg, Jr. et al. (Hazelrigg) 4,061,549       Dec.  6, 1977            
         Gibson                             5,791,237      Aug. 11, 1998            
         Pollak                             5,888,918      Mar. 30, 1999            



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