Appeal No. 95-2640
Application No. 07/949,289
the equipotential lines of the electric field
produced by the first electrode means.
The examiner contends [page 4-answer] that the rim
“inherently and substantially conforms with one of the
equipotential lines...” [emphasis ours]. However, in order
for a thing to be inherent, it must be shown that the claimed
property or function must necessarily occur. The examiner has
given us no evidence that there is any “shutter electrode
means,” as claimed, in Stoudenheimer or that there is any rim
associated therewith which would necessarily conform to an
equipotential line having a predetermined shape. Not only is
there no explicit identification in Stoudenheimer of any
“shutter electrode means,” but there is also no mention of, or
apparent interest in, any equipotential lines, their shape or
the shape of any rim associated with a shutter electrode means
or that the shape of any such rim conforms to the shape of an
equipotential line.
Accordingly, the examiner has fallen far short of
establishing a prima facie case of anticipation of the claimed
subject matter of independent claim 12. Therefore, claims 13
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