Ex parte VAN GORKOM et al. - Page 5




          Appeal No. 1997-2291                                                        
          Application No. 08/422,667                                                  


               All of the rejections are reversed.                                    
               Turning first to the rejection under the first paragraph               
          of 35 U.S.C. § 112, the examiner states (Answer, page 5) that               
          “[t]here is not one range of energies where the secondary                   
          emission coefficient is equal to one.”  Appellants argue                    
          (Brief, page 4) that “[f]igure 3 clearly shows a secondary                  
          emission coefficient that is one or more at every point over                
          the range of electron energies from E  to E .”  This rejectionI     II                               
          is reversed because we agree with appellants’ argument that                 
          Figure 3 of the drawing clearly shows that the endpoints of                 
          the range are equal to “1" and all points between the two                   
          endpoints are “equal to at least one” as claimed.                           


               In the obviousness rejection involving the references to               
          Van Gorkum and Chang, the examiner is of the opinion that Van               
          Gorkum discloses all of the claimed structure except for a                  
          second selection plate, and that Chang discloses “a selection               
          plate                                                                       
          26 termed as a ‘modulating structure’” which has the                        
          “advantageous property modulating the level of the picture                  
          element.”  The examiner is of the opinion (Answer, page 6)                  
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