Appeal No. 1997-1861
Application No. 08/412,235
use of a resonant laser ablation method corresponding to the
particularly claimed method herein for determining the amount
of lead in a liquid blood sample.
Neither has the examiner convincingly explained how the
teachings of Fearey would remedy the above-noted deficiencies
of Schmidt and Omenetto. While Fearey (see, e.g., page 1786)
does
disclose pulsed laser resonance ionization mass spectrometry
in analyzing bismuth and lead mixtures so as to avoid the
interference of lead in the analysis of large isotope ratio’s
in bismuth, Fearey does not teach or suggest resonant laser
ablation as a method for measuring lead in blood in a manner
so as to lead one of ordinary skill in the art to the herein
claimed process. Hence, on this record, we do not agree with
the examiner’s position regarding the obviousness of the
proposed modifications of Schmidt.
We note the mere fact that the prior art could be
modified as proposed by the examiner is not sufficient to
establish a prima facie case. See In re Fritch, 972 F.2d
1260, 1266 n.14,
Page 9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007