Ex parte HOFER et al. - Page 6




          Appeal No. 1998-0628                                                         
          Application 08/197,100                                                       

          to col. 4, line 3).  Remy discloses that this is an                          
          improvement over the time-consuming prior art wherein the                    
          container was only illuminated in spots and regions and that                 
          the regions have to be illuminated successively by rotating                  
          the beam during measurement (col. 2, lines 10-33).                           
               Wagner discloses testing the surface of a transparent                   
          object, such as a photolithographic mask.  Wagner indicates                  
          that the method is useful for inspection of optical surfaces                 
          and polished wafer surfaces (col. 1, lines 12-13).  The method               
          uses dark-field illumination and recording the image by a                    
          television camera for subsequent digital image processing                    
          (col. 2, lines 5-19).  An alternative method uses laser                      
          scanning (figure 3 and corresponding description).                           
               We do not agree with the Examiner's reasoning about                     
          modifying Schmalfuss to use the dark-field illumination system               
          of Remy or Wagner.  The whole system in Schmalfuss is based on               
          the dot scanning method and substituting the dark-field                      
          illumination system would destroy the reference.                             
          Nevertheless, the rejection is based on the collective                       
          teachings of the references and we conclude that the                         



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