Appeal No. 1998-3060 Page 8
Application No. 08/703,932
atmospheres of vacuum, not even close to the claimed level of
at least 0.1 atmospheres of vacuum. Second, there is no
evidence in the record before us in this appeal, that the
structure that can produce a vacuum level of about 0.0242
atmospheres of vacuum inherently possesses the capability of
generating and processing the claimed level of at least 0.1
atmospheres of vacuum.
For the reasons set forth above, the decision of the
examiner to reject claims 1, 4 to 16, 22 and 23 under 35
U.S.C.
§ 103 is reversed.
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