Ex parte SARRAFZADEH-KHOEE - Page 2




          Appeal No. 1996-1579                                                        
          Application 08/250,489                                                      



          the rejection of independent claim 1 on appeal under 35 U.S.C.              
          § 103.  Appellant's request for reconsideration of March 15,                
          1999 is therefore considered a request for rehearing of that                
          earlier decision.2                                                          
               In Lukasiewicz a photosensitive material 12 is taught to               
          be glued to the underlying surface of the structure or body 10              
          as shown in figures in 1, 3 and 5.  On the other hand, in                   
          McDonach a 2-dimensional grating structure 12 is attached to                
          the surface 10 of a specimen 10 to be tested.                               
               Claim 1 requires that the laser beams be aimed “at a spot              
          on an object surface to be measured” (emphasis added) where                 
          the claimed camera imagers receive “reflected speckle images                
          from the spot.”  Claim 1 therefore does not distinguish over                
          the use of materials that are attached to the surface of the                
          object to be measured because claim 1 requires that this spot               
          be on the object surface and that the speckle images are with               
          respect to the spot and not the surface.                                    




               The administrative delay in the panel only recently receiving the2                                                                     
          request for rehearing is regretted.                                         
                                          2                                           





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