Ex parte LACKIE - Page 8




          Appeal No. 1996-3504                                                        
          Application No. 08/265,648                                                  


          USPQ 385, 388 (Fed. Cir. 1984).  As argued by appellants                    
          (Brief, pages 3-5, and Reply Brief, 1 and 2), however, the                  
          examiner has not established that the Bauman reference                      
          discloses the claimed measuring means.  Nowhere does the                    
          Bauman reference describe the specific structural arrangement               
          embodied by the claimed means for measuring an amount of                    
          radiation emanating from within the conduit.  Accordingly, we               
          cannot sustain the rejection of claims 1 through 3 and 32                   
          through 34 under 35 U.S.C.  102(b).                                        
               The examiner has also rejected claims 4 and 36 under 35                
          U.S.C.  103 as obvious over the disclosure of Bauman.  To                  
          establish obviousness under Section 103, there must be some                 
          teaching, suggestion or incentive from the Bauman reference                 
          itself and/or the knowledge of ordinary skill in the art to                 
          arrive at the claimed subject matter.  See Pro-Mold & Tool Co.              
          v. Great Lakes Plastics, Inc., 75 F.3d 1568, 1573, 37 USPQ2d                
          1626, 1630 (Fed. Cir. 1996); ACS Hospital Systems, Inc. v.                  
          Montefiore Hospital, 732 F.2d 1572, 1577, 221 USPQ 929, 933                 
          (Fed. Cir. 1984).  As indicated supra, however, the Bauman                  
          reference does not disclose the specific arrangement of                     


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