Ex parte PRETEL et al. - Page 2




          Appeal No. 97-4179                                                          
          Application 08/510,526                                                      


               The appellants' invention pertains to a method and                     
          instrument for taking simultaneous measurements of torticollis              
          characteristics.  Independent claims 1, 9 and 12 are further                
          illustrative of the appealed subject matter and copies thereof              
          may be found in the appendix to the brief.                                  
               The reference relied on by the examiner is:                            
          Schatz, Howard, “An Instrument for Measuring Ocular Tortiollis              
          (Head Turn, Tilt, and Bend)”, 75 Amer. Acad. Ophthal & Otol.,               
          pages 650-653 (May-June 1971)                                               

               Claims 1-14 stand rejected under 35 U.S.C. § 103 as being              
          unpatentable over Schatz.                                                   
               The examiner's rejection is explained on pages 3-5 of the              
          answer.  The arguments of the appellants and examiner in support            
          of their respective positions may be found on pages 3-8 of the              
          brief, pages 1-4 of the reply brief and pages 5-7 of the answer.            


                                       OPINION                                        
               As a preliminary matter we base our understanding of the               
          appealed subject matter upon the following interpretation of                
          the terminology appearing in claims 1 and 2 (as they appear in              
          the appendix to the brief).  In lines 2 and 3 of claim 1, we                
          interpret "head turn, head tilt and head bend" to be -- head turn           


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