Appeal No. 97-0673
Application 08/143,370
For the foregoing reasons, the rejection of independent
claim 40 and dependent claim 41 will be sustained.
Independent claims 2 and 3 further recite the comparing
of the detected shape of the particulates with stored
reference shapes. Kamiwano does disclose the detection of
particle shape (page 8, lines 9-17). However, the examiner
correctly recognizes that Kamiwano does not disclose comparing
or matching the detected shape with a stored reference shape
(answer at page 3, lines 19-20). Nonetheless, the examiner
relies (answer at 4, lines 2-3) on Longobardi and states that
Longobardi discloses comparing the detected image data with
stored reference data to determine particle size. The
examiner has not provided any specific citation to the
portions of Longobardi. The closest disclosure we can find is
this (column 3, lines 49-55):
. . . , and the corresponding image is acquired by
the system 7 and transmitted to the computer 9 for
the calculation of the particle sizes. This
calculation is performed with image analysis
software which is known per se (for example, a
software package known commercially under the name
GIPS, produced by Gate Data of Denmark, may be
used).
That disclosure does not reveal that a comparison is performed
between detected data and stored data, much less between the
10
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