Ex parte ANDERSON et al. - Page 9




          Appeal No. 95-2413                                                          
          Application 07/936,865                                                      

          The magnets in an actual design should be arranged, as far as               
          possible, "in such a way that a center line between poles of                
          each magnet coincides [with] the designed curve 67 of FIG. 8                
          . . ." (col. 6, lines 10-11).                                               
               Figure 9 provides an idealized description of figure 8                 
          which is said to be "easier to understand" (col. 6, line 28).               
          Each arc section of the curve 67 in figure 8 (e.g., arc a-b)                
          is represented as a shaded arced area at constant radius in                 
          figure 9 (e.g., region 71 corresponds to the arc-shaped                     
          segment containing arc a-b in figure 8).  Suzuki discloses                  
          that the idealized arrangement of figure 9 satisfies the                    
          condition:                                                                  
                               'L(r)/r = '" = constant                                
          We disagree with appellants' interpretation of what this                    
          means.  Appellants interpret this equation to mean that L(r)                
          is the arc length across the width of the plasma path at a                  
          radius r as shown in appellants' figure 14A.  While                         
          appellants' interpretation is consistent with Suzuki's                      
          discussion of figure 4(a) (col. 3, lines 26-40), it is not                  
          consistent with Suzuki's description of the plasma having "a                
          very narrow width" (col. 5, lines 60-61).  In our opinion,                  

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