Appeal No. 97-0673
Application 08/143,370
a two dimensional transducer array means for detecting
said optical image and
means for comparing, responsive to said means for
detecting, shapes of the particulates in the fluid with at
least one reference shape.
40. A particulate monitoring system, comprising:
a laser adapted to illuminate a fluid;
optical means for forming an image of said fluid
responsive to said laser;
a two-dimensional opto-electric array disposed effective
to detect said image; and
means, responsive to said array, for identifying in said
image particualtes [sic, particulates] from within said fluid.
Opinion
Our opinion is based solely on the arguments raised by
the appellants in their briefs. We do not address and offer
no opinion on arguments which could have been raised but were
not set forth in the briefs.
The appellants point out (Br. at 7) that each of the
independent claims 2, 3, 11 and 40 recites a two dimensional
imager and argue that because Kamiwano does not disclose the
use of a two dimensional imager, contrary to the examiner’s
position, the examiner has not established prima facie
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