Appeal No. 97-0514 Application 08/345,114 The claims on appeal are drawn to a system and method for evaluating defects, and a system for measuring an unknown parameter of a material. A copy of the claims is contained in Appendix A of appellant's brief. The references applied by the examiner in the final rejection are: Seddick 3,992,663 Nov. 16, 1976 Fichtenbaum 4,186,338 Jan. 29, 1980 Murphy et al. (Murphy) 5,087,873 Feb. 11, 1992 The appealed claims stand finally rejected on the following grounds: (1) Claims 1 to 27, unpatentable for failure to comply with 35 U.S.C. § 112, second paragraph; (2) Claims 1, 3, 6 to 12, 15, 17, 18 and 22 to 27, anticipated by Murphy or Fichtenbaum, under 35 U.S.C. § 102(b); (3) Claims 1, 3, 6 to 12, 15, 17, 18 and 22 to 27, unpatent- able over either of Seddick or Fichtenbaum in view of Murphy, under 35 U.S.C. § 103.2 2In the final rejection (Paper No. 4), claims 2, 4, 5, 13, 14, 16 and 19 to 21 were also rejected on grounds (2) and (continued...) 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007