Ex parte LACKIE - Page 7




          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                

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