Appeal No. 97-1033
Application 08/190,485
disclosure of the Schuh patent as to the number of operators of
the detector. Anticipation cannot be based upon a reference that
is ambiguous. See In re Turlay, 304 F.2d 893, 899, 134 USPQ 355,
360 (CCPA 1962). For this reason, the rejection must be
reversed.
NEW GROUND OF REJECTION
Under the authority of 37 CFR § 1.196(b), this panel of
the board introduces the following new ground of rejection.
Claims 1 through 5 are rejected under 35 U.S.C. § 103
as being unpatentable over Schuh. 6
The Schuh patent, considered in its entirety, instructs
those of ordinary skill in the art as to a bearing clearance
detector, including a measuring device with a micrometer gauge
38, wherein the device is connected by hoses to an auxiliary cart
which provides the required vacuum, air pressure, flow measure-
ment, oil source and filters to operate the device.
The Schuh patent cannot, however, be viewed as an
isolated disclosure. More specifically, an obviousness question
6 We understand claim 1 as being drawn to a combination,
consistent with the view of the examiner as expressed on page 2
of the final rejection (Paper No. 9).
5
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