Appeal No. 97-0673
Application 08/143,370
The foregoing discussion leads up to the subsequent text in
the disclosure which describes the later embodiments using at
least two sets of phototransistors. Note, for instance, the
immediate following paragraph on page 6:
However, in the subsequent investigation, the
inventor used a highly accurate and excellent
measuring method and a device which could realize
the method. That is, in the device of the present
invention, characterized by such properties, at
least two sets of photosensors (A) and (B), such as
the phototransistors shown in Figure 3(a), are
arranged in series and are perpendicular to the
direction of the flight of the particles. (Emphasis
added.)
Thus, the appellants are focusing only on what is
referred to as the subsequent investigation and have ignored
or overlooked the discussion in Kamiwano concerning that which
preceded the subsequent investigation. The examiner correctly
pointed out that Kamiwano’s Figure 2 illustrates a planar
matrix arrangement of phototransistors in a single sensor 5.
It represents what existed prior to Kamiwano’s subsequent
development of the use of a set or a pair of sensors.
Furthermore, Kamiwano on page 6 indicates that the
arrangement of Figure 2 can be used with the measuring device
of the invention. Thus, it would have been obvious to one
with ordinary skill in the art that each of the sensors (A)
6
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