Appeal No. 96-3615
Application 08/237,567
incorporate a spectroscopic measuring means therein in view of
Alonso because “measuring spectroscopically the material being
mixed allows for a more effective accurate result” (answer,
page 6).
We fail to perceive any teaching, suggestion, or
incentive in either of the applied references which would have
led one of ordinary skill in the art to modify Westhof to
include spectroscopic measuring means as proposed by the
examiner. There is no indication in Westhof of any particular
problem associated with the use of a TV camera for monitoring
the mixing process. Further, it is not apparent why using a
spectroscopic means like that of Alonso to monitor the
progress of Westhof’s process would allow for more accurate
results, notwithstanding the examiner’s statement to the
contrary. In this respect, the examiner’s position is
speculative. Finally, there is no indication in either of the
references that a measuring means of the type disclosed by
Alonso, which appears to be continuously submerged in the
mixture, would be capable of effectively monitoring a process
like that of Westhof. In this regard, the differences in
structure and manner of operation of the remote camera
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