Ex parte MCCAUL et al. - Page 3




          Appeal No. 97-0345                                                          
          Application 08/363,094                                                      


          with a quarter wave plate, as illustrated in Figure 16,                     
          element 164.                                                                
               The independent claim 48 is reproduced as follows :2                     
               48.  An absorption spectroscopy device, comprising:                    
               a laser diode emitting laser radiation;                                
               a quarter wave plate; and                                              
               a sample cell containing a volume of material to be                    
          analyzed, said laser radiation emitted from said laser diode                
          passing through said quarter wave plate before passing through              
          said sample cell.                                                           

               The Examiner relies on the following references:                       
          Mulready et al. (Mulready)         3,699,471           Oct. 17,             
          1972                                                                        
          Sato et al. (Sato)                 4,963,004           Oct. 16,             
          1990                                                                        
          Ritter et al. (Ritter)                                                      
          (European Patent Application)     0 176 329       Apr.  2, 1986             
               Claims 48 through 59 stand rejected under 35 U.S.C. § 103              
          as being unpatentable over Mulready and Ritter in view of                   
          Sato.                                                                       




               The claims in Appellants’ appendix are correct except that claim 56 is2                                                                     
          dependent from claim 55 instead of claim 50 as indicated.                   

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