Ex Parte LEMASTERS - Page 5



          Appeal No. 2001-2201                                                        
          Application .09/065, 997                                                    

          comprising . . . an opaque circular baffle placed in front of               
          said detecting pinhole[.]”  Taking a reasonably broad                       
          interpretation, claim 1 requires the baffle to placed in the                
          front of the detecting pinhole.  We also note that independent              
          claims 4 through 6 and 27 have a different scope from claim 1.              
          These claims will be addressed separately.                                  
               Using the above interpretation, we next review the rejection           
          of claim 1 under 35 U.S.C. § 103 as being obvious over                      
          Appellant’s admitted prior art and Kino or Tanaami.  The Examiner           
          states that admitted prior art discloses all the recited                    
          elements, except for an opaque baffle positioned in front of the            
          detection pinhole.  See Examiner’s Answer, Page 3, line 17                  
          through page 4, line 1.  To provide a motivation for having the             
          opaque baffle in front of the detection pinhole of Appellant’s              
          admitted prior art, the Examiner states that both Kino and                  
          Tanaami teach placing opaque baffles in front of the detecting              
          means in order to block unwanted stray light from reaching the              
          detector and to improve resolution.  See Examiner’s Answer, page            
          4, lines 1 through 6.                                                       


               Appellant argues that neither Kino nor Tanaami teach placing           
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