Appeal No. 98-0140
S.N. 08/401761
The examiner additionally argues that Stout actually
teaches that the artisan would “use a radiation source
other than Cu”, based upon the text on page 4 of Stout
(Answer, pages 6-7). Appellants argue that the examiner
misinterprets page 4 of Stout in this regard. Appellants
explain that Stout is referring to the atomic radius of
each element rather than the atomic number of each element
as shown in the Periodic Table of Elements, and therefore,
Stout actually teaches that CuKa rays are used for calcium
or elements less than it, which would include elements
having an atomic radius less than calcium, which would
include titanium (the element contained in appellants’
crystal). (Reply Brief, page 2).
Upon our review of the Stout publication, we disagree
with appellants’ understanding of Stout. That is, Stout
discloses “the CuKa rays are used for calcium or elements
less than it, or cobalt or elements larger than it, and the
MoKa rays are used for elements between them”. (Stout,
page 4 of the English translation). The Table of Periodic
Properties of the Elements shows that the atomic radius of
titanium (1.47 Å) is between the atomic radius of calcium
(1.97 Å) and that of cobalt (1.25 Å). Calcium and elements
less than it, would encompass all elements to the right of
calcium, and cobalt and elements larger than it, would
encompass all elements to the left of it. This
interpretation would conflict with “MoKa rays are used for
elements between them”. On the other hand, if, as
interpreted by the examiner, the atomic number of each
element is what is intended in the Stout reference, calcium
and elements less than it, would encompass all elements to
the left of calcium, and cobalt and elements larger than
6
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