Ex parte PETERSON - Page 8




          Appeal No. 1997-1698                                                        
          Application No. 08/348,447                                                  


          Milana discloses optical apparatus for detecting surface                    
          defects in a workpiece in which a comparator 42 is used to compare          
          the output signal from the detector with a reference threshold to           
          derive an indication of the roughness of the surface.                       
          Horn discloses optical apparatus for determining the                        
          reflective characteristics of surfaces.  The apparatus includes a           
          converging or condensing lens 4 to cause a light beam to converge           
          on detector 7.                                                              
          Reinsch discloses a hand held optical device for measuring                  
          roughness of a surface.                                                     


          Opinion                                                                     
          After consideration of the positions and arguments presented                
          by both the examiner and the appellants, we have concluded that             
          the rejection of sole independent claim 8 should not be sustained.          


          We agree with the examiner that Frohardt teaches a comparator               
          to compare a threshold signal to the output of detector 5.  This            
          is evidenced by Frohardt’s disclosure at column 3, lines 12-17,             
          that circuit 14 receives the signal from light detector 5,                  
          evaluates the signal by comparing the intensity of the signal to            
                                          8                                           





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