Appeal No. 97-0169
Application No. 08/194,369
Clearly, Parobek does not teach or suggest the use of plural stored calibration curves and
the automatic measurement with the use of the stored data. Parobek further states that:
A calibrated sample 94 (shown in phantom in FIG. 1) is demonstrably
engaged to the sample holder 44 proximate the test sample 42. The sample
holder 44 is disposed to move relative to the window 40 to permit exposure
of the calibrated sample 94 to the X-ray source. The calibrated sample 94 is
utilized to provide quantitative results regarding the thickness of the thin film
and the concentration of a selected element within the film. Results from the
calibrated sample, having a known thin film thickness within the range of the
test sample, and a known concentration of the selected element, within the
range of the test sample, are compared with the test sample results to
provide quantitative information. The ease of access of the operator to the
calibrated sample greatly facilitates the frequent calibration of the device,
whereby the accuracy, precision and consistency of results is [are]
enhanced. (Emphasis added.) (See col. 4, line 55 - col. 5, line 3.)
Clearly, Parobek only envisions the use of a single calibration curve and the use of that
same curve on the samples to be measured. Therefore, we will not sustain the rejection of
independent claim 1 nor the rejection of dependent claims 2-5.
CONCLUSION
To summarize, the decision of the Examiner to reject claims 1 to 5 under 35 U.S.C.
§ 103 is reversed.
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