Ex parte KHAN et al. - Page 6




          Appeal No. 1999-0529                                                        
          Application 08/588,800                                                      


          the application [answer, page 6].                                           
          We agree with the examiner’s finding that Martin                            
          anticipates the invention of claim 24.  We note that claim 24               
          is drawn to the structure of a channel plate.  Appellants’                  
          argument appears to be directed more to the manner in which                 
          appellants create spacer members within the dielectric sheet                
          rather than to the claimed resulting structure.  As the                     
          examiner points out, the dielectric sheet of appellants’                    
          disclosed invention is completely missing between the spacer                
          members [note Figure 3].  Thus, the                                         




          dielectric sheet of the claimed invention consists of only a                
          series of separated spacer members after the through holes                  
          have been formed.  There is no “sheet” remaining after the                  
          through holes have been formed.  We interpret the examiner’s                
          position to be that the structure resulting from Martin’s                   
          added spacer members 110c in Figure 4B is the same as the                   
          structure resulting from appellants’ dielectric sheet after                 
          the through holes have been formed.  We agree with the                      
          examiner that the structure of claim 24 is the same as                      
                                         -6-                                          





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