Ex parte GABELLO et al. - Page 8




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

          video signals," Hunt has not been shown to satisfy the claim                
          feature of multiplexing information signals into the non-useful             
          or dead (i.e., dark) video data signals.                                    
               In the supplemental answer from the bottom of page 1 to the            
          top of page 2, the examiner stated:                                         
                    Concerning the "dark" video data, the examiner                    
               maintains that these data are not a direct result of                   
               the invention, but a phenomenon that occurs due to                     
               uneven illumination inherent in most illumination                      
               systems, especially stroboscopic illumination system.                  
               (Emphasis in original.)                                                
          What exactly does "a direct result of the invention" mean is                
          unclear.  But whether or not a feature is a direct result of the            
          invention, it still has to be met if it is a part of the claimed            
          invention and cannot be ignored.  It appears that the examiner is           
          saying that every scanned line of a product surface will include            
          "dark" video pixels or data signals.  But the claimed invention             
          requires more than that.  The claimed invention calls for a                 
          specific manner of using those "dark" pixels or video data                  
          signals, i.e., the multiplexing of information signals into the             
          place of the "dark" video signals to create a sequential data               
          stream for transmission.  It is this more particular feature                
          which is not disclosed or reasonably suggested by the prior art             
          as applied by the examiner.                                                 


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