Appeal No. 96-3615
Application 08/237,567
detecting means of Westhof and submerged probes and
photosensitive diodes of Alonso raise significant questions as
to the feasibility of using a detection means of the sort
disclosed by Alonso in Westhof. In short, the disparate
teachings of the applied references lead us to conclude that
the proposed modification is based on the use of impermissible
hindsight rather than on that which is fairly suggested by the
references.
It follows that the standing § 103 rejection of claims 26
and 28 based on Westhof and Alonso cannot be sustained.
New Rejection under 37 CFR § 1.196(b)
Pursuant to our authority under 37 CFR § 1.196(b), we
enter the following new rejection.
Claims 13-15 are rejected under 35 U.S.C. § 112, second
paragraph, for failing to particularly point out and
distinctly claim the subject matter sought to be patented
because they each depend, either directly or indirectly, from
a canceled claim.
Summary
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