Appeal No. 96-0107
Application 08/026,797
of dielectric material provided with openings which align with
and do not cover or obstruct the holes in the microchannel plate.
Therefore, we agree with appellant that the Aebi reference
teaches away from the claimed invention and fails to render the
claimed invention obvious under 35 U.S.C. § 103. See Gillette
Co. v. S.C. Johnson & Son, Inc., 919 F.2d 720, 724, 16 USPQ2d
1923, 1927 (Fed. Cir. 1990) (the closest prior art reference
"would likely discourage the art worker from attempting the
substitution suggested").
Claim 10 is rejected under 35 U.S.C. § 103 as being
unpatentable over Aebi in view of Warde. Since claim 10 is
dependent on claim 5, and the rejection of claim 5 has been
reversed, the rejection of claim 10 is also reversed. See 37 CFR
§ 1.75(c) ("Claims in dependent form shall be construed to
include all the limitations of the claim incorporated by
reference into the dependent claim.").
The decision of the examiner is reversed.
REVERSED
)
MICHAEL SOFOCLEOUS )
Administrative Patent Judge )
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