Appeal No. 95-1950
Application No. 08/061,928
For the most part, the Zahniser declaration describes
operational problems which developed in attempting to count
cells or particles in the manner taught by the Zahniser
patent. In our view, this aspect of the Zahniser declaration
reinforces the above discussed desirability of replacing an
expensive and complicated counter mechanism of the type
disclosed in the Zahniser patent with a simple and speedy
counter mechanism of the type taught by Hunt. To this extent,
the Zahniser declaration tends to support a conclusion of
obviousness rather than nonobviousness.
The Farber declaration describes the advantages and
praise therefor by others resulting from use of an instrument
referred to as the "ThinPrep Processor" in comparison to
conventional cytology practices such as conventional Pap smear
testing. However, this comparison has little if any probative
value in relation to the obviousness issue before us since it
relates to conventional cytology practices such as Pap smear
testing rather than the closest prior art represented by the
method and apparatus described in the Zahniser patent. In re
Merchant, 575 F.2d 865, 869, 197 USPQ 785, 788 (CCPA 1978)
(applicant must compare his claimed invention with closest
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