Appeal No. 97-0866
Application 07/801,248
is applied only for the specific limitations of claims 5 and
10.
Claims 1-10 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Winterberg (1975) and
Winterberg (1980).
We refer to the Examiner's Answer (Paper No. 19) (pages
referred to as "EA__") for a statement of the examiner's
position and to the Brief (Paper No. 18) (pages referred to
as "Br__") and the Reply Brief (Paper No. 20) for a
statement of appellants' position.
OPINION
35 U.S.C. § 112, second paragraph
Appellants argue that "[t]he definition of 'mildly
relativistic' appears in Appellants' specification at p. 5,
and indicates speeds sufficiently below the speed of light
that the electric field generated by the charge will precede
the ion beam and pull oppositely charged particles from the
surrounding plasma axially along the direction the [sic] of
the ion beam" (Br4). This sets a top speed for $=v/c, the
ratio of the velocity to the speed of light, i.e., "[t]he
term $ must not be so close to the speed of light that the
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