Appeal No. 96-1625
Application No. 08/096,106
provide for more fibers in one light path than in the other
light path to thereby compensate for attenuation losses
(Answer, pages 5 and 11). With respect to the reflected light
from the sample 44 in Lequime, the examiner concludes (Answer,
page 5) that “it is well known in the art of spectroscopy to
substitute a reflected sample system with a transmissive
sample system as taught by Landa.” According to the examiner
(Answer, pages 5 and 11), it is well known in the art to
replace a chopper system with a chopperless system such as the
one disclosed by Smith “since the . . . simultaneous detection
of reference and sample . . . provides for a more accurate
measurement . . . in that analysis of the reference and sample
simultaneously compensates for errors due to source
fluctuations.”
We agree with the examiner that the skilled artisan would
have known to switch between a reflected system and a
transmissive system based upon the characteristics of the
sample being analyzed. We also agree with the examiner that
the skilled artisan would have appreciated that the two beams
in Lequime should be concurrently monitored and compared to
compensate for errors due to source fluctuations. On the
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