Ex Parte Muller et al - Page 10



            Appeal 2007-1448                                                                               
            Application 10/601,325                                                                         

            surface” as required by claim 1.  In that regard, the gettering loop is attached to the        
            spider through a positive connection e.g., welding (see col. 2, line 27), at the               
            support finger(s) 26 of the spider 18, and not by bracing the loop into place using            
            the elastic deformation force of the clip in the manner claimed.                               
                  Misono is equally deficient in this regard in that the legs 7 of the conductive          
            spacer 7, are “secured” and not braced to the electron gun.  (Finding of Fact 7).              
                  Accordingly, we agree with Appellants that the combination of Pohle and                  
            Misono fail to teach a flexurally rigid connection “sufficient to both brace a getter          
            in the first section and brace a second section in the inner surface by the elastically        
            deformable nature of a flexurally rigid connection, a first section, and a second              
            section as claimed.” (Emphasis original) (Br. 6)  While the Examiner reasonably                
            interpreted the term “brace” as the pressure connection between the outwardly                  
            biased legs 22 and the inner wall of the container 11 in Pohle, Pohle does not fairly          
            suggest “bracing” the getter in the clip.                                                      
                  Notwithstanding the deficiencies of Pohl and Misono, we reject claims 1-7,               
            11-13 under 35 U.S.C. §103(a) as being unpatentable over Pohle in view of                      
            Wisniewski.  Appellants’ only challenge to Pohle is that it “discloses a gettering             

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