Appeal No. 1999-1387
Application No. 08/593,507
Claims 1-12 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Mussinelli ‘934 in view of GB ‘912 (Answer, page
3). Claims 19-29 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Mussinelli ‘934 in view of GB ‘912 and Taki
(Answer, page 5).4 We reverse the examiner’s rejections on appeal
essentially for the reasons set forth on pages 9-11 of the Brief
and the reasons set forth below.
OPINION
All of the claims require that the grid electrode have nodes
“present in the amount of less than 100 nodes per square meter”
(e.g., see claims 1 and 19 on appeal). The examiner finds that
Mussinelli ‘934 discloses a grid anode which is exemplified as
having 16 nodes per square meter, thus meeting the requirement set
forth in the claims on appeal (Answer, page 3). Neither GB ‘912
nor Taki was applied by the examiner for any teaching of the number
of nodes (see the Answer, pages 4 and 5).
As correctly argued by appellants (Brief, page 9), Mussinelli
‘934 teaches several times that the number of nodes per square
meter of the anode should be between 2000 and 7000 (e.g., see the
4The reference to Paige, U.S. Patent No. 3,907,659, has been
withdrawn by the examiner (see the Letter dated Mar. 16, 1999,
Paper No. 27).
3
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