Ex parte WIRTH et al. - Page 4




                 Appeal No. 1997-2566                                                                                                                   
                 Application No. 08/330,642                                                                                                             


                 unpatentable over Kwasnick in view of Galves, Muller and                                                                               
                 Englert.1                                                                                                                              
                          Upon careful consideration of the opposing arguments                                                                          
                 presented on appeal, we will not sustain the examiner's                                                                                
                 rejections.                                                                                                                            
                          Although the examiner recognizes that Kwasnick does not                                                                       
                 specifically teach that the cesium iodide deposited layer of                                                                           
                 the scintillator comprises needle-shaped projections, the                                                                              
                 examiner reasons that, based on Galves, "[i]t would have been                                                                          
                 obvious to one having ordinary skill in the art at the time of                                                                         
                 the invention that the deposited cesium iodide in the process                                                                          
                 of Kwasnick can be deposited such that it forms 'needle-shaped'                                                                        
                 projections on the scintillator surface" (page 4 of Answer,                                                                            
                 first paragraph).  As for the claimed requirement of                                                                                   
                 conformingly disposing the membrane around and in intimate                                                                             
                 contact with the protrusions, the examiner reasons that because                                                                        
                 Kwasnick discloses that the membrane cover can be within 10 µm                                                                         
                 of the first surface 34, and that Galves shows a needle                                                                                


                          1Since appellants state at page 9 of the principal brief                                                                      
                 that the appealed claims "stand or fall together," we will                                                                             
                 focus solely upon the examiner's rejection of claim 1 over                                                                             
                 Kwasnick in view of Galves and Muller.                                                                                                 
                                                                         -4-                                                                            




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