Ex parte CHASE et al. - Page 3




          Appeal No. 95-1238                                                          
          Application 08/009,406                                                      


               b) receiving the portions of said two beams which are                  
          transmitted through the mixture; and                                        
               c) determining the concentration of the first at least three           
          material component based upon the two directed beams and the                
          transmitted portion of the two beams, and not based upon any                
          other x-ray beams.                                                          
               The Examiner relies on the following references:                       
          Arendt                             3,904,876      Sept. 9, 1975             
          Orval Utt et al. (Utt), “Composition Compensated Paper Ash                  
          Gauge,” Industrial Nucleonics Corporation, Columbus, Ohio,                  
          1975, pages 110-114.                                                        
               Claims 1 through 25 stand rejected under 35 U.S.C. § 103 as            
          being unpatentable over Arendt and Utt.  On pages 3 and 4 of the            
          answer, the Examiner states that Arendt teaches in column 3,                
          lines 47-65, a method of measuring the percentages of the ash by            
          using a first energy higher than the K absorption edge of                   
          titanium oxide, a second energy between the K absorption edges of           
          titanium oxide and calcium carbonate and a third energy which is            
          below the K absorption edge of clay.  On pages 4 and 5 of the               
          answer, the Examiner states that Arendt uses the Lambert’s law in           
          which three separate x-ray energies are used to measure titanium            
          oxide, calcium carbonate and clay.  The Examiner states on page 4           
          of the answer that Utt reveals in Figure 2 that the absorption              
          coefficients of titanium oxide and calcium carbonate are about              
          the same at the energies of 4.1 and 6.2 KeV.  The Examiner argues           

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