Appeal No. 95-1950
Application No. 08/061,928
This is a decision on an appeal which involves claims 1
through 3, 8, 12 and 13. The only other claims remaining in2
the application, which are claims 4 through 7 and 9 through
11, have been allowed.
The subject matter on appeal relates to a method and
apparatus for collecting for image analysis a selected
quantity of particles having a known average size above a
threshold size and that are in a fluid medium. Further
details of this appealed subject matter are set forth in
illustrative independent claim 1, a copy of which taken from
the specification is appended to this decision.
The references relied upon by the examiner as evidence of
obviousness are:
Zahniser et al. 4,395,493 Jul. 26, 1983
(Zahniser)
Hunt et al. 4,583,396 Apr. 22, 1986
(Hunt)
2As a matter of clarification, we point out that the
issues raised by the appellant in his brief regarding the
examiner's objections to the application drawing are
resolvable by way of petition not appeal which the examiner
correctly observed on page 2 of the answer. See generally, In
re Hengehold, 440 F.2d 1395, 1403, 169 USPQ 473, 479 (CCPA
1971) and In re Searles, 422 F.2d 431, 435, 164 USPQ 623, 626
(CCPA 1970).
2
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