Ex parte JOHN R. HALE, et al. - Page 13




          Appeal No. 96-2391                                                          
          Application 08/002,286                                                      


          closed end where the electron emissive material is situated.                
          Thus, Buescher is similar to the prior art in that the electrons            
          are emitted axially from the closed end; however, Buescher does             
          not teach varying the thickness of the sidewall along the central           
          axis.  Buescher also discloses that its cathode cap cannot be               
          used with a conventional support sleeve, and instead, requires a            
          separate support assembly such as shown in its Fig. 3.  Thus,               
          Buescher does not overcome the deficiencies of Larson and also              
          provides an additional reason why its teachings would not be                
          combined with the conventional sleeve of the admitted prior art.            
          Falce is cited for its teachings of using an eyelet and                     
          spider arrangement for holding the heating means within the                 
          cathode sleeve.  Beyond this teaching, Falce offers nothing which           
          can be used to overcome the deficiencies in combining the                   
          admitted prior art with Larson or with Beuscher.                            



          Thus, we are again constrained to conclude that the                         
          artisan would have found no motivation for combining the applied            
          references unless the artisan were attempting a hindsight                   
          reconstruction of the claimed invention.  Since the examiner has            
          not articulated a reasonable rationale for combining the                    

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