Appeal No. 97-3097
Application 08/030,488
pressure in the incubator (see column 5, lines 49 to 56).
Thus, this language merely indicates that the diaphragm
protrudes outwardly as a dome, not that it may assume concave
or convex configurations, or be detected or measured in a
concave configuration.
The examiner recognizes that (answer, page 5):
Waters does not teach a distance measuring device
for measuring the conformation or position of the
flexible portion, using a portion adjacent to the
flexible portion as a reference, or a laser used for
that purpose.
Bergstrom, Pailler and Bellio are therefore cited as evidence
of the obviousness of these features.
Having fully considered the record in light of the
arguments presented in appellants’ brief and in the examiner’s
answer, we conclude that the subject matter recited in claims
1 and 12 is patentable over the references applied.
The Bergstrom reference does disclose, as the examiner
notes, a prior art system for the measurement of pressure in a
container by “analysis” of the light reflected from a flexible
membrane in the wall of the container (column 1, lines 11 to
27), but does not disclose what analysis is to be performed.
As far as the patentee’s own invention is concerned, the
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