Appeal No. 1997-3480
Application No. 08/315,841
detection systems of Uehara and Murakami [brief, pages 10-12].
The examiner responds that since appellants’ specification
notes that appellants’ invention detects both inclination and
height of an object, the specification is evidence that these
two measured properties are related and in the same field of
invention [answer, pages 6-7]. Appellants respond that the
examiner is improperly using appellants’ own specification as
prior art against them [reply brief].
We agree with appellants on this point. The only
suggestion to combine height measuring systems with
inclination angle measuring systems comes from appellants’
disclosure. Neither Uehara nor Murakami indicates that the
height of the object is of any concern to them. Likewise, the
height measuring system of Akamatsu specifically notes that
any inclination angle errors are precluded by its system, thus
making inclination angle measurements irrelevant in Akamatsu.
Therefore, we agree with appellants that the only basis for
applying the Akamatsu height measuring angle teachings with
the inclination measurement
systems of Uehara or Murakami is based on an improper attempt
to reconstruct appellants’ invention in hindsight.
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