Ex parte REINTJES et al. - Page 8




          Appeal No. 97-0673                                                          
          Application 08/143,370                                                      

          Kamiwano does not disclose or suggest a two dimensional imager              
          is rejected.                                                                
               Each of independent claims 2, 3, 11 and 40 requires that               
          the light illuminating the chamber be from a coherent light                 
          source.  Kamiwano does not disclose the use of an extended                  
          light source which is non-coherent.  However, we agree that it              
          would have been obvious to one with ordinary skill in the art               
          that a coherent light source, as well as an extended light                  
          source, may be used, especially in light of Longobardi which                
          discloses an optical imaging system for particle measurement                
          using a coherent light source.  The appellants point to                     
          nothing in Kamiwano which would have indicated to one with                  
          ordinary skill in the art that the invention of Kamiwano                    
          requires or would work only if an extended or non-coherent                  
          light source is used.                                                       
               We agree with the examiner that one with ordinary skill                
          in the art possesses sufficient basic skills and common sense               
          to recognize that the light for use in Kamiwano can come from               
          a variety of sources, including a coherent light source.  One               
          with ordinary skill in the art is presumed to possess a                     



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