Ex parte VAN ENGELSHOVEN et al. - Page 9




          Appeal No. 1998-0335                                                        
          Application 08/518,061                                                      


          70 or 80 of Shimoma with equivalent laminated thin plates as                
          taught by Matsuda.  This modification would fully meet the                  
          invention as recited in claim 7.  Therefore, we sustain the                 
          examiner’s rejection of claim 7.                                            
          Independent claim 8 is similar to claim 7 except that                       
          claim 8 recites that the intermediate electrode has an odd                  
          number of apertured plates and that the plates on opposite                  
          sides of the center plate are substantially identical.  The                 
          examiner relies on the same reasoning discussed above with                  
          respect to claim 7, and the examiner adds that the application              
          disclosure admits that the number of plates is not critical                 
          [answer, page 4].  Appellants argue that there is no                        
          disclosure of an odd number of plates which permits the plates              
          on opposite sides of the center plate to be reversed to                     
          compensate for imperfections on the plates caused by assembly               
          [brief, pages 5-6].                                                         
          Although we do not favor the examiner’s reliance on                         
          “admissions” from the disclosure which are not related to the               
          discussion of the prior art, we nevertheless agree with the                 
          conclusion reached by the examiner.  The teaching of a                      
          plurality of laminated plates in Matsuda does not impose any                
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