Appeal No. 2000-0188
Application No. 08/900,720
pages 16-17.) The examiner retorts that Harmer does not use feedback, but chooses
an LED with a temperature coefficient that compensates the changes in refractive index
with temperature. (See answer at page 6.) The examiner concludes that “Harmer can
make a temperature measurement by inverting the equation at Col. 5, Li[ne] 23 of column
5. While we agree that the temperature “can” be measured or determined, Harmer does
not specifically determine the temperature, but merely compensates for its variations, and
we agree with appellants.
Appellants argue that even if Lekholm teaches a general motivation to identify
anaesthetics, neither Bobb nor Harmer provides any specific teaching to motivate a skilled
artisan to arrive at the invention as recited in claim 1 using refractive index and
temperature to identify anaesthetics. We agree with appellants. The examiner relies on
the teachings of Bobb as teaching the “entire theory that enables one of ordinary skill to
implement the invention.” (See answer at page 6.) We disagree with the examiner. The
examiner further relies upon the teaching in the abstract of Lekholm to provide the
sufficient motivation. (See answer at pages 4 and 6.) From our review of Lekholm,
Lekholm uses temperature to identify anaesthetics and provides a general motivation to
identify anaesthetics, but we find no motivation in any of the references to combine the
separate teachings nor a convincing line of reasoning by the examiner to
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