Appeal No. 96-0107
Application 08/026,797
claims 12-20 would understand that performing the steps recited
in these claims improves the spatial resolution of proximity
focused image intensifiers. See also Specification, p.3 (the
invention involves providing the ground plane of a microchannel
plate with a thin layer of a dielectric without covering the
holes in the plate for improving the spatial resolution of an
image intensifying device); see also Brief, p.9 ("Applicant has
discovered that positioning a dielectric layer with aligned holes
adjacent the MCP improves resolution, and that is what is claimed
. . . ."). The fact that the examiner may be of the opinion that
there is more suitable language to define the claimed invention
is not a proper basis for a rejection under 35 U.S.C. § 112,
second paragraph. Therefore, the rejection of claims 1-20 under
35 U.S.C. § 112, second paragraph, is reversed.
Rejection under 35 U.S.C. § 103
Claims 1-9 and 11 are rejected under 35 U.S.C. § 103 as
being unpatentable over Aebi. We reverse this rejection.
The invention disclosed in Aebi is directed to a
microchannel plate which limits feedback of photons, ions or
neutral particles from the output side of the plate (col. 6,
lines 62-65; see also Figure 12).
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