Appeal No. 2005-1234 Page 10
Application No. 09/749,752
concerning the positions of the probes to which the target substance has bound
and simultaneously detecting the management information attached to the test
piece. Moreover, even if the specification did not exclude a photomultiplier tube
as an equivalent to the stimulable phosphor sheet, the examiner has not
provided an explanation and rationale as to why the photomultiplier is an
equivalent, and we would also be compelled to reverse the rejection on that basis
as well.
4 Setting forth the anticipation rejection over Perttunen.
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