Ex Parte POOCH et al - Page 4




          Appeal No. 1996-2959                                                        
          Application 08/399,853                                                      


          channels4 and the scanning section, not between the flow axes               
          themselves.  Claim 4 further limits the relationship between the            
          channels in a manner which is completely consistent with these              
          angle limitations.  Thus, the examiner’s concern that claim 4 is            
          an improper dependent claim is unfounded.                                   
               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 112, fourth paragraph, rejection of claim 4.                              
          II. The 35 U.S.C. § 103 rejections                                          
               As framed by the appellants, the dispositive issue with                
          respect to the § 103 rejections of independent claims 1, 9 and 17           
          is whether either May or Stark teaches or would have suggested a            
          device meeting the limitations in these claims pertaining to the            
          relationship between the channels and the scanning section.                 
          Independent claim 1 recites a detecting device comprising, inter            
          alia, (1) channels each having a flow axis and (2) a scanning               
          device having a scanning section, with “at least two of said                
          channels being arranged to define an angle, not equal to zero,              
          formed between said flow axis and said scanning section, each of            
          said channels being located in a position with a channel portion            
          covered by said scanning section.”  Similarly, independent claim            
          9 recites a detecting device wherein “at least a portion of each            

               4 See n.1, supra.                                                      
                                          4                                           




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