Ex Parte KUWABARA - Page 6




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


          the teaching by Meyer of considering chemical shifts when                   
          determining the presence of an element in a sample, would have              
          led the artisan to consider such chemical shifts in the Robbat              
          system when analyzing samples which may contain compound forms of           
          a particular element.                                                       
               The problem with the combination, as we see it, is that                
          Meyer is directed to training a neural network to analyze organic           
          materials using spectral data and, although Meyer mentions                  
          “chemical shifts” (e.g., column 18, lines 62 and 66), it is not             
          at all clear that Meyer is storing measured spectral line data,             
          including such chemical shifts, obtained from a sample and/or               
          whether Meyer is comparing a reference spectral line data,                  
          including such chemical shifts, with the measured spectral line             
          data in order to identify elements in the sample.                           
               While Robbat teaches the measurement of spectral line data             
          for elements, the storage of reference spectral line data of                
          various elements and the comparison of the measured data with the           
          reference data in order to identify an element in a sample, it              
          lacks the measured spectral line data including chemical shifts             
          and the storage of reference spectral line data of various                  
          elements “in different compound forms.”  If Meyer clearly taught            
          or suggested that spectral line data may include chemical shifts            

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