Appeal No. 1996-2809
Application No. 08/399,961
Saprokhin teaches away from having fluorine passages external
to the anode assembly in order to avoid any deleterious
effects associated therewith. Thus, in our view, the
examiner’s proposed combination would destroy the invention on
which Saprokhin, the examiner’s primary reference, is based.
See Ex parte Hartmann, 186 USPQ 366, 367 (Bd. App. 1974).
Accordingly, we reverse the examiner’s decision rejecting all
of the appealed claims under 35 U.S.C. § 103.
The decision of the examiner is reversed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
REVERSED
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007