Ex parte SLINKER et al. - Page 7




          Appeal No. 97-0866                                                          
          Application 07/801,248                                                      

          a high fusion reaction cross section.  The fusible ion beams                
          of deuterons and tritons, together with electrons for space-                
          charge neutralization, constitute a "moving-plasma" (col. 8,                
          lines 19-22).  Thus, it appears that positive ion beams are                 
          injected into a plasma channel created along the machine                    
          axis.  Linlor states (col. 8, approx. lines 31-35):                         
          "Because both the deuteron and triton beams have the same                   
          direction relative to the machine axis, the combined current                
          produces a magnetic field surrounding it, which serves to                   
          provide confinement for the individual ions and the space-                  
          charge-neutralizing electrons."  The confining effect is                    
          also discussed at col. 3, line 61 to col. 4, line 36 (under                 
          section 2 of novel features of the invention) and col. 17,                  
          lines 36-46.  Thus, the positive ion beams are pinched.                     
               Appellants argue that Linlor does not teach injecting                  
          ions at "a mildly relativistic mean velocity."  The examiner                
          finds that Linlor's "mean velocity of the ions falls within                 
          the claimed range, as the claim language 'mildly                            
          relativistic mean velocity' is best understood" (EA5), where                
          the examiner has interpreted "mildly relativistic mean                      
          velocity" to be a velocity "between zero and the speed of                   

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