Ex parte RING - Page 12




          Appeal No. 96-3968                                                          
          Application No. 08/117,669                                                  


          forth above, we agree with the examiner that the size of the gap            
          between the spaced plates of Gergely is a result effective                  
          variable.  Accordingly, it would have been further obvious to one           
          having ordinary skill in the art to space the spaced plates of              
          Gergely apart by about 0.007 inches.                                        


                                     CONCLUSION                                       
               To summarize, the decision of the examiner to reject claim 1           
          under 35 U.S.C.  102(b) as being anticipated by Nakamura is                
          reversed; the decision of the examiner to reject claims 2 through           
          8, 10 through 14, 18 and 19 under 35 U.S.C.  103 as being                  
          unpatentable over Nakamura, alone or in combination with Jones              
          and/or Hageman is reversed; the decision of the examiner to                 
          reject claims 15 through 17 and 21 under 35 U.S.C.  103 as being           
          unpatentable over Nakamura, alone or in combination with Hageman            
          is affirmed; the decision of the examiner to reject claim 20                
          under 35 U.S.C.  103 as being unpatentable over Nakamura in view           
          of Jones is reversed; the decision of the examiner to reject                
          claims 1, 2, 9, 22, 24 and 26 under 35 U.S.C.  103 as being                
          unpatentable over Gergely in view of Hageman is affirmed; the               
          decision of the examiner to reject claims 23 and 25 under 35                
          U.S.C.  103 as being unpatentable over Gergely in view of                  

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