Appeal No. 95-2413
Application 07/936,865
Appellants argue (Br8):
In contrast, the theoretical design of FIG. 9 is provided
solely for heuristic purposes and is admittedly
inoperative due to the multiple discontinuities in the
"curve." As is well-known in the art, and as admitted by
Suzuki, et al., it is not possible to create a stable
plasma arrangement having discontinuities. Claim 36 of
the present Application includes the requirement that the
magnet be in the form of a "closed-loop," since this is a
necessary condition for an actual magnet. Thus, in
addition to being inoperative, the theoretical design of
FIG. 9 fails to meet the claim requirement of being a
closed loop.
The actual magnet of figure 6 of Suzuki is a closed-loop
magnet which embodies the theoretical design in figure 9
(e.g., col. 6, lines 47-52). The magnets in an actual design
are arranged, as far as possible, "in such a way that a center
line between poles of each magnet coincide [with] the designed
curve 67 of FIG. 8 . . ." (col. 6, lines 10-11). That is,
Suzuki clearly recognizes that there must be no
discontinuities and that there must be a continuous
closed-loop path in an actual magnet arrangement (e.g.,
col. 4, lines 17-21; col. 6, lines 47-52). Appellants'
arguments that figure 9 is inoperative because it shows
discontinuities and does not show a closed-path are misleading
and not persuasive because Suzuki clearly indicates that
figure 9 is for theoretical purposes and that discontinuities
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