Appeal No. 1997-1698
Application No. 08/348,447
The references relied upon by the examiner as evidence of
obviousness are:
Horn 4,072,426 Feb. 07,
1978
Milana et al. (Milana) 4,296,333 Oct. 20,
1981
Frohardt 4,945,253 Jul. 31,
1990
Reinsch et al. (Reinsch) 5,179,425 Jan. 12,
1993
The appealed claims stand rejected under 35 U.S.C. § 103 as
being unpatentable over Frohardt in view of Milana, Horn and
Reinsch.
The respective positions of the examiner and the appellant
with regard to the propriety of this rejection are set forth in
the final rejection (Paper No. 6) and the examiner’s answer (Paper
No. 13) and the appellant’s brief (Paper No. 12) and reply brief
(Paper No. 14).
Appellant’s Invention
Appellant discloses a portable device for determining the
presence or absence of surface roughening. The device comprises a
hand-held enclosure 150 including a window 126 moved along a
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