Ex parte ALFANO et al. - Page 4




          Appeal No. 97-3292                                                          
          Application 08/522,827                                                      


               We reverse the examiner’s rejection of appellants’ claims              
          under 35 U.S.C. § 103. Our reasoning in support of this                     
          conclusion appears below.                                                   


               Figs. 7(a) through 7(f) of the present application                     
          illustrate appellants’ procedure for examining subcutaneous                 
          organ tissue, such as inside a breast, for cancer                           
          (specification, page 11).  As further disclosed                             
          (specification, page 10), the                                               


          needle 35 of the probing end of assembly 31, Figs. 3, 5(a),                 
          and 5(b), is provided with a curved or plane mirror 81 for                  
          reflecting the light emitted from a quartz fiber bundle 33 at               
          a 90 degree angle and with a quartz window 83 through which                 
          the 90 degree reflected light is transmitted to a tissue                    
          sample.  According to appellants, “[o]ne advantageous feature               
          associated with this construction is that an entire area can                
          be examined by rotating assembly 31 about its horizontal axis               
          like a periscope.”                                                          


               Independent method claim 14 comprises, inter alia, the                 
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