Ex parte VAN GORKOM et al. - Page 10




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


          based upon the teachings of the additionally cited references.              
          If the dynode 16 in Freeman is the duct referred to by the                  
          examiner (Answer, page 12), it does not correspond to the                   
          claimed duct structure, function and location.  In summary,                 
          the obviousness rejection of claims 13 through 15, 28 through               
          30, 33 and 43 through 45 is reversed because the examiner has               
          not presented a prima facie case of obviousness.                            


                                      DECISION                                        
               Inasmuch as all of the rejections are reversed, the                    
          decision of the examiner is reversed.                                       
                                      REVERSED                                        





                         Kenneth W. Hairston                )                         
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         Lee E. Barrett                     )                         
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         Stuart N. Hecker              )                              
                         Administrative Patent Judge   )                              
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