Ex parte SELBY et al. - Page 2




                Appeal No. 96-3634                                                                                                      
                Application 08/295,122                                                                                                  


                Claim 1 is illustrative and reads as follows:                                                                           

                        1.  A method for determining an offset correction level for a light sensitive sensor used to record             
                the intensity of exposure light reflected from the surface of a document, comprising the steps of:                      

                        measuring the sensor response when the sensor is exposed to light reflected from a first target                 
                having a first, non-zero reflectance level;                                                                             

                        measuring the sensor response when the sensor is exposed to light reflected from a second                       
                target, the second target having a second reflectance level greater than the first reflectance level; and               

                        calculating only as a function of the sensor response to the first target and the sensor response               
                to the second target and the reflectances of the first and second targets, the response of the sensor to                
                light reflected from a zero reflectance target, and thereby enabling the calculated response to be used as              
                the offset correction level for the sensor.                                                                             

                        The reference relied upon by the examiner as evidence of unpatentability is:                                    

                Tomohisa                        4,660,082                       Apr. 21, 1987                                           

                        The appealed claims stand rejected under 35 U.S.C. § 102 as being anticipated by Tomohisa.                      

                        The respective positions of the examiner and the appellants with regard to the propriety of this                

                rejection are set forth in the final rejection (Paper No. 5), the advisory action (Paper No. 8) and the                 

                examiner's answer (Paper No. 11), and the appellants’ brief (Paper No. 10).                                             

                                                               Opinion                                                                  

                        We will reverse the rejection of claims 1-4 under 35 U.S.C. § 102.                                              

                        Method claim 1 recites “measuring the sensor response when the sensor is exposed to light                       

                reflected from a first target having a first, non-zero reflectance level”.  Our review of Tomohisa leads us             


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