Appeal 2006-3381 Application 10/162,317 D. Claims 34, 35, 37, 45, 47, 51, 52, 58, 59, and 64 were rejected under 35 U.S.C. § 103(a) as being unpatentable over U.S. Patent No. 3,551,023 (Brackett) in view of U.S. Patent No. 5,532,874 (Stein). Two of the independent claims under appeal read as follows: 23. A method for using a cassette for preparing a tissue specimen for examination by a confocal microscope or other optical imaging microscope comprising the steps of: locating a tissue specimen on an optically transparent window of a base member; placing a membrane over at least a substantial portion of said base member including said window to retain the tissue specimen against said window, in which said membrane is sufficiently pliable in response to pressure to be capable of being operated upon to reach said window at one or more locations to shape the tissue specimen upon said window; and engaging the membrane to the base member to produce a cavity between said membrane and said window. 33. A system for optically imaging sections of a tissue specimen comprising: a cassette having a window and means for applying pressure onto said tissue specimen to shape said tissue specimen against said window; and imaging means directed to said tissue specimen through said window to produce images representing one or more sections of said tissue specimen. The prior art relied upon by the Examiner in rejecting the claims on appeal is: Brackett US 3,551,023 Dec. 29, 1970 Focht US 4,974,952 Dec. 4, 1990 Stein US 5,532,874 July 2, 1996 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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