Ex parte SASAKI et al. - Page 6




               Appeal No. 98-1287                                                                                                 
               Application 08/359,706                                                                                             

                      The examiner refers to Shoemaker as showing that “it is well known in the measuring art to                  

               obtain the center of the target thereby resulting in accurate alignment between the light source and the           

               target.”  (Answer, page 5.)  Shoemaker discloses a laser target system for use in the alignment of pipes.          

               A laser device 20 (Fig. 1) generates a beam 201 that propagates through the longitudinal axis within a             

               pipe, striking a target apparatus 10.  The target apparatus comprises a rectangular target member 20               

               (Fig. 6), made of a transparent dielectric material, and having indicia of horizontal and vertical lines 23.       

               The laser beam spot is visible on the dielectric material, whereby one may align the pipe by adjusting             

               the pipe such that the laser spot falls upon the center of the target.                                             

                      However, we consider Shoemaker as merely a cumulative reference in the present rejection.                   

               Wells discloses, in Fig. 3, a surveying instrument system including an instrument 30 from which a laser            

               emanates through pinhole 33 towards instrument 20.  A servomechanism within instrument 20 may                      

               automatically align the instrument 20 by centering laser target image 29 on CCD device 47.  (Figs. 4a              

               through 4c; column 8, line 55 through column 9, line 1.)  This portion of Wells’ disclosure is clearly             

               more pertinent to appellants’ invention than that of Shoemaker.  Although not mentioned in the                     

               examiner’s rejection, the examiner does note the centering disclosure of Wells in the response to                  

               arguments, on pages 12 and 16 of the Answer.                                                                       

                      Wells also discloses that, in the alternative of using two separate instruments, the system may be          

               used in a single instrument with light reflected from a target.  (Column 6, lines 58 through 64.)  Thus,           

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