Appeal No. 96-3615
Application 08/237,567
for the concrete are introduced into a mixing chamber and the
mixing process is continuously observed by high resolution TV
camera 13 through window 15 in the mixing chamber. As stated
by Westhof, “[b]y watching the monitor while the mixture is
made, the actual recipe can be qualitatively compared with the
set values” (translation, page 8). In this way, “the mixing
supervisor [can] be confident of maintaining the required
quality standards and hence recognize possible problems before
delivery to the work site” (translation, page 9).
Claim 26 is directed to a method of homogeneously mixing
compositions of matter and detecting on-line the homogeneity
of the mixture which includes the step detecting on-line the
homogeneity and potency of the mixture with spectroscopic
means. Apparatus claim 28 is similarly limited in the sense
that it requires a spectroscopic means for detecting on-line
the homogeneity of the mixture.
In rejecting these claims, the examiner has taken the
position that Westhof discloses everything “except is vague as
to measuring/using a spectroscopic means.” The examiner has
taken the position, however, that it would have been obvious
to one of ordinary skill in the art to modify Westhof to
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