Ex Parte BURGHER et al - Page 5



          Appeal No. 1999-1387                                                        
          Application No. 08/593,507                                                  

          explaining that a “reasonable interpretation can be that both               
          values are suitable.”  Answer, page 6.  We disagree.                        
               We determine that a reasonable interpretation of Figure 1 of           
          Mussinelli ‘934, consistent with the rest of the disclosure and the         
          plain language of the patent, would be that Figure 1 shows several          
          lengths of the “grid,” which consists of a plurality of valve metal         
          strips, each of the strips having voids and nodes, i.e., 2000 to            
          7000 nodes per square meter.  See col. 5, ll. 26-29, along with the         
          language from claim 1 at col. 5, l. 65-col. 6, l. 2.  Therefore, as         
          disclosed in col. 5 and Figure 1, each grid has a length of 250 mm,         
          with each grid consisting of expanded metal strips with voids and           
          nodes (see also Figures 2 and 3).                                           
               For the foregoing reasons, we determine that the examiner has          
          not established a prima facie case of obviousness in view of the            
          reference evidence.  Accordingly, the rejections on appeal are              
          reversed.                                                                   








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