Appeal No. 2007-0056 Page 6
Application No. 09/906,511
Specifically, appellants assert (Brief, bridging paragraph, pages 4-5), according
to Kosako’s method
size distribution of both the carrier particles and the spurious
particles is first measured using an electronic analyzer. . . . [The]
size distribution of the spurious particles is [then] determined in
regions where the carrier particles are known to be absent. Finally,
size distribution of the carrier particles is obtained by subtracting
the interpolated spurious particle size distribution from the initial
size distribution measured for both the carrier particles and the
spurious particles.
However, notwithstanding Kosako’s exemplification of electrical signal analysis,
the examiner finds that Kosako teaches the use of any suitable means of
measurement. Answer, page 4. In this regard, the examiner finds that both ‘221
and ‘978 teach such a suitable measurement means. Specifically, the examiner
finds that both ‘221 and ‘978 disclose particle size analysis using the PIDS
technique. Id. In this regard, the examiner finds that in the PIDS technique,
“photo detection arrays measure light scatter by particles at two or more angles.
The scattering of light is detected at different polarizations allowing for small
particle measurement with high resolution.”3
Based on this evidence, the examiner concludes that it would have been
prima facie obvious to a person of ordinary skill in the art at the time the invention
was made to modify Kosako’s method by substituting the PIDS technique taught
by ‘211 and ‘978 for Kosako’s electronic signal analysis technique. Answer,
page 5. According to the examiner, both ‘211 and ‘978 teach “that their PIDS
3 Appellants recognize that the prior art, specifically ‘221, discloses the advantage of using PIDS
in particle analysis. Specifically, appellants assert (Brief, page 6) that ‘221 discloses that “[t]he
size discrimination is improved . . . by detecting light scattering at two or more selected scattering
angles (column 6, lines 3-27). The improved system has an advantage of enhanced
discrimination in rejecting effects of particles outside the desired measurement range (column 16,
line 66 – column 17, line 1).
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