Ex Parte Hubacek et al - Page 20

                Appeal 2007-0127                                                                              
                Application 09/749,916                                                                        

           1          We find these explanations to be unpersuasive.  Making a consumable                     
           2    electrode thicker would have been expected to make for a longer service life.                 
           3    As stated in Degner, quoted above, it is desirable to provide “sufficient                     
           4    material to permit extended use before thinning of the material requires                      
           5    replacement.” (Degner, col. 4, ll. 27-29).                                                    
           6          Mr. Hubacek relies on Appendix B as evidence of an “experimentally                      
           7    determined operating range in which the probability of electrode cracking is                  
           8    low.”   (Hubacek Declaration, p. 3, ll. 6-7).  Appendix B is reproduced                       
           9    below as Table 33 (slightly reduced):                                                         












          10                                                                                                  
          11          Mr. Hubacek asserts that the region above “line A” represents the                       
          12    experimentally determined operating range in which the probability of                         
          13    electrode cracking is low, and the region above line A represents the region                  
          14    in which the probability of electrode cracking is high.  He then concludes                    
          15    that “[e]xtrapolation of line A to greater electrode thickness values shows                   
                                                                                                             
                3 Table 3 is a graphical representation of silicon thickness in centimeters                   
                versus total delivered power.                                                                 
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