Appeal No. 2003-1856
Application No. 08/879,322
not to make in the brief have not been considered and are deemed
to be waived [see 37 CFR 1.192 (a)].
With regard to independent claim 1, the examiner points to
Queisser for a teaching of a substantially opaque cabinet, in
Figure 1, described at column 3, lines 63-67, and at column 4,
lines 1-3. The claimed sample tray is said to be taught by
Queisser in Figure 1, and column 5, lines 34-41, particularly
item 56. The claimed camera is identified in Figure 1 and column
4, lines 14-16, particularly item 22. As for the claimed light
source, the examiner points to Figure 1, column 4, lines 21-22,
particularly item 20. The claimed computer with image analyzing
software is identified by the examiner by pointing to Figure 2 of
Queisser, and at column 4, lines 27-67, and column 5, lines 1-11,
particularly computer system 14.
The examiner notes that the fruit particles in Queisser are
not in a sugar matrix, a starch matrix or a sugar and starch
matrix. However, the examiner turns to Wilkinson for a teaching
of measuring fruit particles in a matrix without removing the
fruit particles from the matrix. In particular, the examiner
points to Figures 2B-2C, examples 1-3, column 5, lines 48-56, and
column 11, lines 6-36, of Wilkinson for a teaching of a
uniformity of a gelatinized starch matrix.
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