Ex parte GABELLO et al. - Page 2




          Appeal No. 96-2440                                                          
          Application 08/099,289                                                      

                        References relied on by the Examiner                          
          Hunt et al. (Hunt)       Pat No. 4,922,337        May 1, 1990               
          Benton, "Fiber Optics and Video: A Background," SMPTE Journal,              
          July 1988, pp. 546-555.                                                     
                               The Rejection on Appeal                                
               In the final Office action (Paper No. 8), claims 1-4, 6-14,            
          16-25, 27-34, and 36-42 were finally rejected under 35 U.S.C.               
          § 103 as being unpatentable over Hunt, Benton, and Dittman et               
          al., U.S. Patent 5,239,376.  However, in the examiner’s answer              
          (Paper No. 18), the examiner withdrew his reliance on Dittman et            
          al., canceled the outstanding rejection and entered a new ground            
          of rejection based solely on Hunt and Benton.                               
               Subsequent to the final rejection, claims 1, 12, 22 and 32             
          were amended and claims 9, 11, 19, 21, 30, 39 and 42 were                   
          canceled.  Thus, the rejection on appeal is that of claims 1-4,             
          6-8, 10, 12-14, 16-18, 20, 22-25, 27-29, 31-34, 36-38 and 40-41             
          under 35 U.S.C. § 103 as being unpatentable over Hunt and Benton.           
                                    The Invention                                     
               The invention is directed to a method and apparatus for                
          inspecting a product, which employs scanning of the product                 
          surface to produce video signals.  Claims 1, 12, 22 and 32 are              
          the independent claims, of which claim 1 is representative and is           
          reproduced below:                                                           

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