Ex parte SYMONS - Page 7




          Appeal No. 96-1474                                                          
          Application 08/041,765                                                      

          even if an artisan would somehow have been led to try to include            
          such spacers in the device of Veith.                                        
                    We agree with appellant that the non-magnetic spacers             
          in the cylindrical geometry focusing system of Scott simply do              
          not lend themselves for use in the rectangular geometry focusing            
          system of Veith.  In our view, the examiner's conclusion to the             
          contrary could only have been reached through the use of                    
          impermissible hindsight having the instant claimed subject matter           
          in mind.                                                                    























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