Appeal No. 99-0158
Application 08/616,787
If it is determined that Greacen does not at
least suggest that the plug has a higher coefficient
of thermal expansion than that of the tube, then the
claimed relative coefficients of thermal expansion
of the tube and end caps is deemed to be a matter of
design choice because such relative coefficients of
thermal expansion per se solve no stated problem nor
serve any apparent purpose insofar as the claimed
method is concerned [answer, pages 5 and 6].
As correctly pointed out by the appellant (see pages 9
and 10 in the brief), however, Greacen contains no teaching or
suggestion relevant to the coefficient of thermal expansion
limitations recited in claims 1, 10 and 23. The examiner’s
conclusion to the contrary is completely unfounded. As also
pointed out by the appellant (see page 9 in the brief), the
use
of plugs of the sort disclosed by Greacen to cap the ends of
Fields’ tube would apparently require the plugs to be cut from
the tube at the end of the forming operation. This would
certainly seem to be a disincentive which would have
discouraged one of ordinary skill in the art from combining
the two references in the manner proposed by the examiner.
Furthermore, the record in the instant application,
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