Ex parte SCHLEHAHN et al. - Page 7




          Appeal No. 2000-0572                                                        
          Application 08/687,643                                                      


          shelves and/or wafer-shaped objects.  The examiner’s finding                
          (see pages 3 and 4 in the answer) that Birkner’s                            
          optoelectronic sensor arrangement measures within a horizontal              
          plane a distance to the edges of the wafer-shaped objects and               
          magazine shelves relative to the transmitter as recited in                  
          claim 1 is completely lacking in factual support.                           
               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 102(a) rejection of claim 1 and dependent claim 12 as being               
          anticipated by Birkner.                                                     
               Holman discloses a wafer cassette mapper “in which a                   
          single light transmitter/receiver module is employed to                     
          provide information indicating the presence or absence of a                 
          wafer in each slot of the wafer cassette, as well as                        
          information indicating a cross slotted condition” (column 2,                
          lines 51 through 55).                                                       
               Inasmuch as the Holman mapper does not cure the foregoing              
          flaw in Birkner with respect to the subject matter recited in               
          parent claim 1, we shall not sustain the standing 35 U.S.C.                 
          § 103(a) rejection of dependent claims 2 and 11 as being                    
          unpatentable over Birkner in view of Holman.                                



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