Ex Parte Sridharan et al - Page 2

                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.                   



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