Ex parte LACOUNT - Page 8

                Appeal No. 97-1107                                                                                     Page 8                   
                Application No. 08/047,512                                                                                                      

                Rossiter itself specifically teaches using converging-diverging optical beams and cells (Rossiter, col. 3,                      

                lines 46-51) and Barnes teaches contouring the cell to approximate the shape of an optical beam                                 

                (Barnes, page 6, lines 30-34 and page 7, lines 7-9).  The references as a whole imply that various                              

                beam configurations are used in the processes of Barnes and Rossiter.  Lew provides examples of                                 

                various known beam configurations.                                                                                              

                         Appellant cites In re Fine, 837 F.2d 1071, 1075, 5 USPQ2d 1596, 1599 (Fed. Cir. 1988)                                  

                for the proposition that teachings of references can be combined only if there is some suggestion or                            

                incentive to do so.  We note that a suggestion to combine the references may come expressly from the                            

                references themselves.  However, it may also come from the knowledge of those skilled in the art that                           

                certain references, or disclosures in the references, are known to be of special interest or importance in                      

                the particular field.  In addition, it may also come from the nature of a problem to be solved, leading                         

                inventors to look to references relating to possible solutions to that problem. (citations omitted).                            

                Pro-Mold & Tool Co. v. Great Lakes Plastics, Inc., 73 F.3d 1568, 1573, 37 USPQ2d 1626, 1630                                     

                (Fed. Cir. 1996) .  Here,  the Barnes reference suggests that various types of cells can be fashioned to                        

                conform to an IR beam and thus minimize the volume of the cell.  Rossiter teaches designing a cell in a                         

                converging-diverging shape and Lew teaches IR beams that converge and diverge.  When the nature of                              

                a spectroscopic problem required a converging-diverging beam, one of ordinary skill in the art would                            

                have conformed the cell to that shape to minimize cell volume as indicated in Barnes and for the reasons                        

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007