Appeal No. 96-3615
Application 08/237,567
proportional to the intensity of the reflected light. The
examiner has implicitly found, and appellant does not dispute,
that the measuring means of Alonso constitutes a spectroscopic
measuring means.
Independent claim 31 calls for the container of the
mixing means to have an aperture, and a pellucid sealing means
for sealing said aperture. Independent claim 27 contains
similar language. In rejecting these claims as being
anticipated by Alonso, the examiner has taken the position
that the glass plate at the end of the probe in Figure 2 of
Alonso meets this limitation. We agree with appellant,
however, that the corresponding aperture in the experimental
set-up of Alonso is the aperture in the right-hand end of the
mixer barrel formed by the cylindrical shaft, and that the
glass plate at the end of the probe clearly does not seal this
aperture. Accordingly, we will not sustain the standing § 102
rejection of independent claims 31 and 27, or claim 4 which
depends from claim 31.
Independent method claim 25 includes the step of
detecting on-line the spectroscopic characteristics of the
mixture during the mixing process, wherein on-line detecting
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