Ex parte SMIT et al. - Page 5




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

          at the exit window, via the supply of a thin metallic layer                 
          for conduction of heat away from the window, it would                       
          naturally follow for the artisan to apply that solution to                  
          heat dissipation at the anode.                                              


               Appellants’ response to that is to contend that the                    
          metallic element 7 of Jenkins for cooling the exit window                   
          would be insufficient to cool the anode because the element is              
          not thick enough.  However, appellants also admit, at page 1                
          of the reply brief, that artisans would have been quite aware               
          that an anode receives much more electrical power than does                 
          the exit window.  Accordingly, this reinforces our position                 
          that the artisan viewing the teachings of Valkonet and Jenkins              
          would clearly have been motivated to modify the thickness of                
          Jenkins’ metallic element 7 so as to be applicable for cooling              
          the anode.                                                                  
               We also agree with the examiner that for all of                        
          appellants’ arguing that the artisan would not have used the                
          metallic element 7 of Jenkins to cool an anode because it                   
          would have been insufficient for the job, appellants have                   
          presented no objective evidence to support this allegation.                 

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