Appeal No. 2000-0188
Application No. 08/900,720
provides a chart indicating that the indices range from 1.256 to 1.368. (See brief at
pages 15-16.) Based on these figures, only two of the five would be identifiable.
Appellants argue that therefore, skilled artisans would not have been motivated to use the
refractometer of Bobb to identify liquid anaesthetics. The examiner maintains that “[t]his is
clearly not the case” and relies on Figure 6 of Bobb which shows curves of three liquids
and air plotting relative intensity verses degrees off-axis. (See answer at page 6.) The
examiner maintains that the “limited range” is for only the liquids studied by Bobb. (Id.)
The examiner maintains that Bobb is useful down to indices as low as 1. (Id.) We
disagree with the examiner’s conclusion since Bobb expressly states that the sensitivity of
the system is improved from the range of 1.33 to 1.5 (Bobb at col. 5) to the range of 1.33
to 1.60 for a highly sensitive refractometer system (Bobb at col. 6). While Bobb includes
curves for air (n=1.0) with the liquids in Figure 6, Bobb does not expressly teach or
suggest that the refractometer system is sensitive below a refractive index of 1.33.
Therefore, we disagree with the examiner.
The examiner maintains that Harmer compensates for temperature and cites
Harmer at column 5, lines 19-30 to support this position. (See answer at page 6.)
Appellants argue that Harmer teaches that the refractometer of Harmer automatically
corrects for temperature without determination of an actual temperature. (See brief at
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