Ex Parte LEMASTERS - Page 1



          The opinion in support of the decision being entered today was              
          not written for publication and  is not binding precedent of the            
          Board.                                                                      
                                                            Paper No. 21              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                             Ex parte JOHN J. LEMASTERS                               
                                     __________                                       
                                Appeal No. 2001-2201                                  
                               Application 09/065,997                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before KRASS, FLEMING, and RUGGIERO, Administrative Patent                  
          Judges.                                                                     
          FLEMING, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               This is a decision on appeal from the final rejection of               
          claims 1, 4 through 6, 27 through 28 and 31.                                
               The invention relates to a confocal microscope.  The                   
          microscope includes a light detector, detecting pinhole and                 
          opaque circular baffles adjacent the detecting pinhole and placed           
          in a location selected from in front of, behind or both in front            
          of and behind the detecting pinhole.  See Appellant’s                       
                                          1                                           




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