Appeal 2007-1388 Application 10/431,346 Appellants’ claimed invention is directed to a method of forming a protective overglaze on an electronic device surface. The method includes steps of applying a lead-free and cadmium–free glass composition to the surface of the electronic device and firing the glass composition to form the protective overglaze. On April 07, 2006, the Appellants submitted a Brief. In the Brief, the Appellants present arguments against the Examiner’s two stated rejections, noting that the Examiner’s anticipation rejection of claims 1, 2, 7-12 and 16 over Hormadaly (U.S. Pat. No. 6,171,987) in combination with Tunker (U.S. Pat. 5,827,789), Nigrin (U.S. Pat No. 4,285,731), or Clifford (U.S. Pat No. 5,244,848) should have been expressed as an obviousness rejection because three separate secondary references were combined with the primary reference. See Brief 5, footnote 1 and Final Office Action 2-3. In an apparent uncompromising manner despite Appellants’ notification of this anomaly in footnote 1 of the Brief, the Answer dated June 22, 2006 maintains the anticipation rejection of claims 1-11 and 29-37 over the above-noted references while employing an obviousness analysis. This continued inconsistency goes unabated not withstanding that the Examiner’s Answer bears the initials or signatures of two Appeal Conferees in addition to the Examiner’s signature. In addition, the Examiner acknowledges that Hormadaly does not teach titanium dioxide as being present in the applied glass composition in an amount that corresponds to the claimed amount for that glass constituent (Answer 3). However, the Examiner does not explain how close the claimed titanium dioxide is to the disclosed amount for that constituent disclosed or suggested by Hormadaly. 2Page: Previous 1 2 3 4 Next
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