Ex parte SMIT et al. - Page 4




          Appeal No. 1998-1539                                                        
          Application No. 08/683,186                                                  

               Appellants argue that the combination of Valkonet and                  
          Jenkins is improper because Jenkins does not relate to a                    
          target transmission tube and that skilled artisans would not                
          normally look to Jenkins for solutions to a problem in the                  
          field of target transmissive x-ray tubes.                                   
               We disagree.  Both Valkonet and Jenkins are concerned                  
          with the problem of heat dissipation within an x-ray tube and               
          the skilled artisan would have been expected to have been                   
          familiar with these systems.                                                
               While appellants argue that Jenkins does not relate to                 
          cooling of the anode but only to the exit window, they point                
          to that portion of Jenkins (column 1, lines 22-26) which                    
          recognizes that there have been heat dissipation problems in                
          two areas of x-ray tubes, the anode structure and the exit                  
          window.  It is true that the remainder of Jenkins’ disclosure               
          relates to cooling at the exit window, but it is indisputable               
          that Jenkins recognized the heating problem at the anode and                
          disclosed that artisans were aware of this problem.                         
               It would appear to us that if the artisan was aware of a               
          heating problem at both the anode and at the exit window and                
          that artisan is faced with a solution to the heating problem                

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