Appeal No. 2005-0247 Page 9
Application No. 10/171,657
"[A] data pulse is supplied to control electrode 16 to energize the associated
resistive heater element 12. . . ." Col. 3, ll. 8-9. "[B]ubbles will nucleate normally on
both elongated portions . . . to form bubbles 26a and on both end portions 24 to form
bubbles 26b. . . ." Id. at ll. 50-52. "Due to a slight variation in current density,
bubble 26b will be formed with a slight delay from bubble 26a. These bubbles 26a and
26b continue to grow and coalesce or stick together at the perimeter . . . during bubble
growth." Id. at ll. 52-57. Because the heating element 12 is annular, with the
opening 30 in its middle, we agree with the examiner's finding that "[a]t some point in
time, the bubbles [26a and 26b] will have formed around the perimeter of the heat[ing
element 12]," (Examiner's Answer at 7), i.e., along the elongated portions 31 and the
end portions 32, "but will not have reached sufficient size to fill-in the open[ing 30]. . . ."
(Id.) We further agree with him that "[a]t this time, the claimed virtual chamber would
exist." (Id.) More specifically, the opening in the middle of the growing bubbles would
constitute a "virtual chamber" as claimed. At oral hearing, the appellants’ attorney
conceded the brief existence of such a chamber during growth of the bubbles in
Campbell.
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