Ex Parte SETO et al - Page 5



             Appeal No. 1998-2213                                                                                 
             Application 08/655,863                                                                               

                    The appellants argue that Kurimura discloses a single vacuum                                  
             pressure detector (30) for multiple suction means (37A-D), i.e.,                                     
             a shared pressure monitor, whereas the appellants use independent                                    
             pressure monitors (brief, page 5; reply brief, pages 1-2).                                           
             Kurimura’s pressure detector has a number of vacuum openings                                         
             (37A-D), but these vacuum openings are all used to hold the same                                     
             specimen slide.  Likewise, the appellants can use a number of                                        
             vacuum openings to hold the same analysis film, as indicated by                                      
             the appellants’ figures 5 and 6A-C and the related discussion in                                     
             the specification (page 13, line 18 - page 14, line 23).  Thus,                                      
             Kurimura, like the appellants, uses one pressure detector for one                                    
             suction means.                                                                                       
                    The appellants argue that neither the device of Sugaya nor                                    
             that of Kurimura has the capability of locating a suction                                            
             malfunction in a system having a plurality of suction applying                                       
             orifices and passageways (brief, page ).  The deficiency in this                                     
             argument is that appellants are attacking the references                                             
             individually when the rejection is based on a combination of                                         
             references.  See In re Keller, 642 F.2d 413, 426, 208 USPQ 871,                                      
             882 (CCPA 1981); In re Young, 403 F.2d 754, 757-58, 159 USPQ 725,                                    
             728 (CCPA 1968).  As discussed above, the applied references in                                      

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