Appeal No. 2001-2201
Application .09/065, 997
that one skilled in the art would not have been motivated to
combine Takahashi with the other references since Takahashi is
“unrelated to microscope performance with relation to axial
resolution. The Takahashi device changes the f-stop of the
camera system to keep brightness constant and to increase depth
of field during close focussing.” See Appeal Brief, page 8,
lines 3 through 5.
Upon careful review, we are persuaded that there is no
motivation in Takahashi to combine its teachings with Kino or
Tanaami. The adjustable baffle of Takahashi is used in thin
fiber optical systems to provide a wider observation range and
brighter images. See Takahashi, Column 2, lines 30 through 68.
There is no suggestion in Takahashi to apply its teachings to a
confocal microscopic environment or that the teachings are
reasonably pertinent to assist in solving the problem of blocking
out-of-focus light with which Appellant was concerned. As such,
we fail to find that the Examiner has presented the requisite
findings or reasons in Takahashi for one skilled to combine its
teachings with Appellant’s admitted prior art and Kino or Tanaami
in order to provide the user with active control over the amount
of light reaching the detector as the Examiner suggests.
15
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007