Ex parte WEISS - Page 8




          Appeal No. 1998-2459                                       Page 8           
          Application No. 08/566,340                                                  


          ends. We do not agree with the examiner's assertion (answer,                
          page 4) that the same portion of the length of the pipe is                  
          covered by liquid.  We find that in light of Broerman's                     
          specific disclosure that both the end of the tube 28 and the                
          end of the optical fibers 29 are tapered at an angle at the                 
          location where the test liquid passes by the end of tube 28,                
          that the liquid does contact the smooth exterior surface along              
          its length, as recited in claim 1.  Accordingly, we find that               
          the examiner has not established a prima facie case of                      
          obviousness with respect to claim 1.  Accordingly, the                      
          rejection of claim 1 and dependent claims 2-4 and 7 under 35                
          U.S.C.                                                                      
          § 103(a) as being unpatentable over the teachings of Broerman               
          is reversed.                                                                
               With regard to the rejection of claims 5 and 6 under 35                
          U.S.C. § 103(a) as being unpatentable over Broerman and Parks,              
          we find that Parks does not overcome the basic deficiency of                
          Broerman.  Accordingly, the rejection of claims 5 and 6 under               
          35 U.S.C. § 103(a) is reversed.                                             
               Turning next to the rejection of claims 8, 9, and 11-13                
          under 35 U.S.C. § 103(a) as unpatentable over Broerman, Park,               







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007