Ex Parte Shimomura et al - Page 4



          Appeal No. 2005-0805                                                         
          Application No. 10/234,097                                                   
          Consequently, based on the state of the art, we are convinced                
          that the examiner has properly concluded that it would have been             
          obvious for one of ordinary skill in the art to use a baked                  
          stainless steel electrode in a mass spectrometer and to                      
          recondition the stainless steel electrode by baking in order to              
          remove contaminating gaseous components thereon.                             
               Appellants maintain that “Redmond does not disclose or                  
          suggest that stainless steel can be used as the electrode and the            
          trap electrode for the ion source of the mass spectrometer” (page            
          5 of brief, second paragraph).  However, as noted by the                     
          examiner, the use of a stainless electrode in a mass spectrometer            
          is acknowledged in the admitted prior art, and appellants have               
          advanced no rationale why one of ordinary skill in the art would             
          not have applied the teachings of Redmond to the stainless steel             
          electrode of a mass spectrometer.  While appellants state that               
          Redmond “does not specifically disclose that the electrode made              
          of stainless steel is baked at a temperature in range of 200oC to            
          700oC in an air atmosphere”, the baking temperatures disclosed by            
          Redmond fall within the claimed range, e.g., 370oC.  Also, as                
          explained by the examiner, it would have been obvious for one of             



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