Appeal 2007-1963
Application 10/121,226
In other words, “familiar items may have obvious uses beyond their primary
purposes.” KSR, 127 S. Ct. at 1742.
Here, as an issue of fact, we find Hoyt is analogous art because Hoyt
is reasonably pertinent to the problem addressed by Veliadis, as well as the
problem addressed by the instant invention (which relies on alpha or beta
particle emitters in one embodiment), as described below:
See Veliadis at column 2:
One of the most critical elements of the inventive apparatus is
the thermoemissive material. For the purposes of this
invention, a thermoemissive material is any material that emits
electrons when appropriately heated or irradiated. In some
preferred embodiments the thermoemissive material ("thermat")
is a solid sheet or layer, while in other embodiments the thermat
is in a molten or fluid state [emphasis added].
(Veliadis, col. 2, ll. 37-43).
See also Hoyt at column 56:
It is more difficult to eject electrons from a wire or to collect
positive ions from the space plasma. Although it is conceivable
that a very large area at the other end of the tether could collect
enough ions to complete the circuit as was demonstrated during
the TSS-1R mission when the Shuttle orbiter was found to be
an adequate plasma contactor for over an ampere of current, the
present method chosen is to use an electron emitter of some
sort, either a hot cathode, a plasma cathode or contactor, a
field-emission device, or something similar. Once provisions
have been made at both ends of the tether to allow the flow of
electrons out of one end of the tether and into the other end, and
the altitude of the host spacecraft is not too high, then there will
be sufficient conductivity in the space plasma surrounding the
host spacecraft to allow current to flow through the tether
[emphasis added].
(Hoyt, col. 56, l. 60 through col. 57, l. 7).
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