Appeal No. 1997-2566
Application No. 08/330,642
thickness of 150 µm, "then the membrane must be in conformal
contact with the needle protrusions and around each of the
needle protrusions" to be within 10 µm of first surface 34
(page 5 of Answer). The examiner further points out at page 8
of the Answer that Galves shows "a needle thickness in the
range of 3-150µm to be known."
While the examiner's reasoning is not without logic, it is
based upon erroneous facts. Our review of Galves fails to
reveal a disclosure of a needle thickness in the range of 3-150
µm. Galves discloses that it was known in the art to use
cesium iodide layers having a thickness of from 150 to 200 µm
(column 1, line 29), but this is not a disclosure of the height
of the protuber-ances or needles, and likewise for the
referenced disclosure of a layer thickness of 150 µm at column
2, line 25. In addition, the disclosed ranges of 3 to 8 µm
describes the diameter, not the height, of the cesium iodide
needles (column 2, lines 46 and 47). Hence, it can be seen
that the upper limit of 150 µm used by the examiner refers to
the thickness of the layer, not the height of the needle-like
protrusions. Also, the lower limit of 3 µm used by the
examiner refers to the diameter of the needles, not their
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