Appeal No. 1996-3504
Application No. 08/265,648
We also interpret the claims “focussing optical lens
means” as the specific lens design shown in Figures 1, 2 and 3
and described at Page 5, lines 6 to 14, of the specification,
which is provided below for convenience:
The invention further includes a flow cell
30, shown particularly in enlarged form in Figs.
2 and 3, and in this embodiment, formed from a
focussing optical lens means 32 shown as a
compound lens system including solid focussing
lens 33, typically made of glass, high molecular
weight polymer or the like. Lens 33 is
characterized by having an elongated hollow
channel or fluid-flow conducting conduit 34
therein directed transversely to the optical
axis of lens means 32, and comprising a tubular
passage, typically of circular cross-section,
through lens 33. At least a portion of such
cylindrical conduit, reaction chamber 36, is
disposed at the focal region 55 of lens means
32.
The examiner has rejected claims 1 through 3 and 32
through 34 under 35 U.S.C. § 102(b) as anticipated by the
disclosure of Bauman. To establish an anticipation under
Section 102, the Bauman reference must disclose, either
expressly or under the principles of inherency, each and every
element of the claimed invention. See In re Spada, 911 F.2d
705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir. 1990); RCA Corp. v.
Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221
7
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