Appeal No. 97-0866
Application 07/801,248
light" (emphasis omitted) (EA5). The examiner's
interpretation is in error because "mildly relativistic mean
velocity" requires a velocity which is a significant
fraction of the speed of light, e.g., $=0.3 to 0.8. Linlor
describes a deuterium atom velocity of 12x10 cm/s (col. 5,8
line 19; col. 13, lines 67-68; col. 16, line 51), which is
assumed to be the injected velocity; we assume the injected
velocity would be the same for the D molecular ion. This2+
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is (12x10 m/s)/(3x10 m/s) = 0.04c, where c is the speed of
light. This is not a "mildly-relativistic mean velocity."
The finding of anticipation is in error and the § 102(b)
rejection of claims 1-4 and 6-9 is reversed.
35 U.S.C. § 103
Linlor and Ashkin
The examiner applies Ashkin as evidence that "the laser
would accelerate the positive ion beam" (EA3) and
"[t]herefore, the positive ions would inherently have had a
mildly-relativistic mean velocity" (EA3). First, Ashkin
does not describe acceleration of particles to
"mildly-relativistic mean velocities." One of the fastest
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speeds is "velocities between 10 and 10 centimeters per
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