Appeal No. 1997-1861
Application No. 08/412,235
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Schmidt et al. (Schmidt), “LAMMA-Investigations of Biological
and Medical Specimens,” Scanning Electron Microscopy 1980/II,
pp. 623-631 (SEM Inc., AMF O'Hare, Chicago, IL).
Omenetto et al. (Omenetto), “Direct Determination of Lead in
Blood by Laser-excited Flame Atomic-Fluorescence
Spectrometry,” Analyst, Vol. 109, pages 1067-1070 (Joint
Research Centre, Chemistry Division, Ispra (Varese), Italy,
Aug. 1984).
Fearey et al. (Fearey), “Pulsed Laser Resonance Ionization
Mass Spectrometry for Elementally Selective Detection of Lead
and Bismuth Mixtures,” (Reprinted from Analytical Chemistry,
Volume
60, pp. 1786-1790 © American Chemical Society 1988).
Appellant additionally cites the following reference:
Nogar et al. (Nogar), “Chromium Detection by Laser Desorption2
and Resonance Ionization Mass Spectroscopy,” Analytical
Chemistry, Volume 64, p. 465 (1992).
Claims 1-3, 5-8 and 10 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Schmidt in view of Omenetto
and Fearey.
2We note that Nogar was referenced by the examiner at
page 4 of the final rejection; however, we do not consider
Nogar as being before us as evidence of obviousness in our
consideration of the examiner’s rejection. This is so since
the examiner’s stated rejection (see answer, numbered pages 3-
6) does not list Nogar as part of the evidence being relied
upon. See In re Hoch, 428 F.2d 1341, 1342 n.3, 166 USPQ 406,
407 n.3 (CCPA 1970).
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