Appeal No. 1997-2846
Application 08/388,599
defined by Appellants. Even if path 52 achieves the same
electrical result, actually or inherently, path 52 is not the
same as Lmax, and the Examiner has not shown that minimizing
path 52 will result in Appellants’ defined maximum distance of
Lmax.
The Examiner has not shown that Temple’s structure, using
similar parameters to determine path 52, inherently results in
a structure defined by Appellants’ claim 7 using Lmax. In the
absence of such a showing by the Examiner, it is not
Appellants’ burden to show how Temple does not inherently
result in their claimed structure.
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