Ex Parte KUWABARA - Page 3




          Appeal No. 2000-1958                                                        
          Application No. 08/854,620                                                  


          various elements in different compound forms; and                           
               a data analyzer for determining whether said measured                  
          spectral line data include spectral lines of specified compound-            
          forming elements including oxygen, nitrogen and carbon and, if              
          said measured spectral line data include spectral lines of any of           
          said compound-forming elements, comparing said reference spectral           
          line data including chemical shifts with said measured spectral             
          line data to thereby identify elements in said sample.                      

               The examiner relies on the following references:                       
          Meyer et al. [Meyer]              5,218,529     Jun.  8, 1993               
          Robbat, Jr. et al. [Robbat]       5,668,373     Sep. 16, 1997               

               Claims 1, 2, 4 and 5 stand rejected under 35 U.S.C. 103 as             
          unpatentable over Robbat in view of Meyer.                                  
               Reference is made to the brief and answer for the respective           
          positions of appellant and the examiner.                                    


                                       OPINION                                        


               It is the examiner’s position that Robbat discloses the                
          claimed data memory for storing spectral line data at column 7,             
          line 68-column 8, line 1; the data base memory for storing                  
          reference spectral line data of various elements in different               
          compound forms at column 8, lines 7-18; and the data analyzer at            
          column 3, lines 34-55 and column 7, lines 63-65.                            

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