Ex parte MONTIE et al. - Page 8




          Appeal No. 1998-0380                                                        
          Application No. 08/518,062                                                  


          electrodes at the location of the apertures provided therein                
          are spaced apart substantially at a distance which is limited               
          by electrostatic breakdown.                                                 


               As we see it, the content of claim 1 is anticipated by                 
          the Hughes teaching.  More specifically, we share the                       
          examiner’s point of view that the above referenced language of              
          claim 1 addresses an inherent feature of the overall in-line                
          electron gun teaching of Hughes (Fig. 3).  This panel of the                
          board is of the opinion that the examiner has given a                       
          technically sound explanation (answer, page 4) to support an                
          inherency conclusion by pointing out that the distances                     
          between the electrodes 29, 31 of Hughes are inherently limited              
          by the electrostatic breakdown since if they were spaced at a               
          distance less than the distance of electrostatic breakdown the              
          electrodes would arc and the electron gun would fail to                     
          operate.                                                                    


               We also conclude that the subject matter of claim 5/1 is               
          anticipated by Hughes.  It is quite apparent to us that                     
          electrode 31 of Hughes is comprised of two parts, as broadly                
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