Appeal No. 97-2621
Application 08/432,442
forming aperture 56 of 0.635 mm diameter,
the G2a can be made as little as 0.076 mm
thick. However, if the thickness is made
much less than about 0.152 mm, the width of
the slot aperture 55 must be sufficiently
toward the high end of the slot
width/thickness ratio range of 2-5 that an
optimum slot width cannot be utilized. It
is, therefore, preferred that the thickness
of the G2a be 0.24-0.8 times the diameter
of the electron beam aperture 56.
We note further that a reference must be considered for
everything it teaches by way of technology and is not limited
to the particular invention it is describing and attempting to
protect. EWP Corp. v. Reliance Universal, Inc., 755 F.2d 898,
907, 225 USPQ 20, 25 (Fed. Cir.), cert. denied, 474 U.S. 843
(1985). It is also unrealistic to expect that in every patent
specification there is written discussion for every component
that is shown in a drawing. Some items are simply not
discussed, but that alone would not establish lack of
recognition or appreciation.
In this case, the examiner has set forth a prima facie
case of anticipation and the appellants have failed to rebut
that prima facie case by establishing an appropriate
circumstance to render ineffective the applied teachings on
the basis of accidental disclosure. Accordingly, the
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