Ex Parte Tabata - Page 2



          Appeal No. 2005-2488                                                              
          Application No. 10/150,497                                                        


                                 APPEALED SUBJECT MATTER                                    
                Claim 1 is representative of the subject matter on appeal                   
          and reads as follows:                                                             
                1.  A probe for an infrared clinical thermometer which                      
          detects infrared rays radiated from an ear drum to measure a body                 
          temperature comprising:                                                           
                a cylindrical trunk section comprising a rigid member for                   
          insertion into an external ear canal; and                                         
                a thin film section which has infrared permeability for                     
          sealing the distal end of the cylindrical trunk section,                          
                wherein the cylindrical trunk section and the thin film                     
          section are integrally molded by the same resin material such                     
          that the outer peripheral surfaces of the cylindrical trunk                       
          section and the thin film section are smoothly connected to each                  
          other.                                                                            
                                   PRIOR ART REFERENCES                                     
                The prior art references relied upon by the examiner in                     
          support of the Section 103 rejections before us are:                              
          Meyst et al. (Meyst)             4,911,559            Mar. 27, 1990               
          O’Hara et al.(O’Hara)            5,179,936            Jan. 19, 1993               
          Beerwerth et al.(Beerwerth)      6,195,581            Feb. 27, 2001               
                                        REJECTION                                           
                     The appealed claims stand rejected as follows:                         
                1.  Claims 1, 2, 5 and 6 under 35 U.S.C. § 103(a) as                        

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