Appeal No. 1997-1698
Application No. 08/348,447
the intensity of a signal which would be received from a known
gloss standard, and then provides an output indicative of the
gloss of the surface 4. One of ordinary skill in the art would
have recognized that comparing is done by a comparator. We also
agree with the examiner that Reinsch would have suggested to one
of ordinary skill in the art to make a sensor such as disclosed by
Frohardt portable. However,
contrary to the position taken by the examiner, Horn does not
disclose a focusing lens 4 disposed to focus light scattered by
the surface of a sample 3 onto detector 7, 8. The scattered light
in Horn is illustrated by dashed lines. This light passes through
lens 4 unfocused to a concave mirror 6. It is only the principal
unscattered light identified in the reference as solid lines that
is focused by lens 4 on detector 7, 8. Accordingly, even if the
teaching of the prior art relied on by the examiner were combined,
there would be no lens to gather light scattered off-axis by a
roughened surface and focus the gathered light onto a detector.
There is no purported obvious modification of Frohardt,
Milana, Horn and Reinsch set forth by the examiner to meet the
lens element of claim 8.
9
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