Ex parte BERTHOLD et al. - Page 9




                 Appeal No. 1998-1524                                                                                     Page 9                        
                 Application No. 08/355,926                                                                                                             


                 two temperature sensing systems as taught by APA, each having                                                                          
                 a different wavelength (thus providing two different                                                                                   
                 temperature sensing ranges), to produce a system capable of                                                                            
                 measuring temperature over a wider range in view of the                                                                                
                 teachings of Wickersheim.  However, it is our view that there                                                                          
                 is no reason, suggestion, or motivation in the applied prior                                                                           
                 art to further modify the system suggested by APA and                                                                                  
                 Wickersheim to arrive at the claimed invention.  In that                                                                               
                 regard, we find that the applied prior art  would not have                  4                                                          
                 been suggestive to further modify the system suggested by APA                                                                          
                 and Wickersheim to include the claimed "means for applying                                                                             
                 light simultaneously" (claim 1) or the step of "supplying                                                                              
                 light . . . simultaneously" (claim 11).  In addition, we find                                                                          
                 that the applied prior art would not have been suggestive to                                                                           
                 further modify the system suggested by APA and Wickersheim to                                                                          
                 include the"discriminator means" as recited in claim 1 or the                                                                          
                 step of "discriminating" as recited in claim 11.                                                                                       






                          4APA, Dakin, Wickersheim and Hartl.                                                                                           







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