Ex Parte Wood et al - Page 8


                 Appeal 2007-1963                                                                                       
                 Application 10/121,226                                                                                 

                 See also Appellants’ Specification at page 8:                                                          
                        Design constraints may make it difficult or impractical to                                      
                        provide the requisite vertical displacement in some                                             
                        implementations.  One such embodiment 300 is shown in FIG.                                      
                        3. In these embodiments, the ionizing effect of the electrically                                
                        conductive probe 105, shown in FIG. 1, can be enhanced by                                       
                        including an ionization source 305 at the point 150 of the                                      
                        electrically conductive probe 105 most distal from the electrical                               
                        load 110.  For embodiments where the point 140 does not                                         
                        contact the electrical ground 145, the ionization source 305 may                                
                        be located anywhere on the electrically conductive probe 105,                                   
                        but the point 150 most distal the electrical load 110 may be                                    
                        used to produce enhanced results.  Where the electrically                                       
                        conductive probe 105 is an array (e.g., the array 105d in FIG.                                  
                        2D), each element of the array can include an ionization source                                 
                        305 on the end thereof.  The ionization source 305 contains a                                   
                        low level, radioactive source of alpha or beta particles                                        
                        encapsulated in a suitable material.  Suitable alpha emitters                                   
                        include, but are not limited to, isotopes of Polonium and                                       
                        Americium (Am).  Suitable beta emitters include, but are not                                    
                        limited to, Tritium. Suitable encapsulating materials include,                                  
                        but are not limited to, glass compositions such as silicate,                                    
                        borosilicate, aluminasilicate, and borate.  In some                                             
                        embodiments, the point 150 can be doped with an alpha emitter                                   
                        or a beta emitter during manufacture [emphasis added].                                          
                 (Specification 8:1-19).                                                                                

                        Therefore, for at least the aforementioned reasons, we find                                     
                 Appellants’ “teaching away” argument unavailing.                                                       
                        Appellants further argue that the combination proffered by the                                  
                 Examiner would render both Veliadis and Hoyt inoperative for their                                     
                 intended purposes (Br. 11).                                                                            


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