Ex Parte Eastman et al - Page 3

                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                                                        

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