Ex Parte WELCH et al - Page 3




          Appeal No. 2001-0177                                                        
          Application 08/731,122                                                      

               display device such that the graphical image tracks the                
               movement of said reflective object as it moves in said video           
               field.                                                                 
          Independent claim 1 is the system equivalent of method claim 5.             
               The examiner relies on the following references:                       
               Lemelson et al. (Lemelson)    4,653,109    March 24, 1987              
               Brooke                        5,261,030  November 9, 1993              

               Claims 1-3, 5-7, 9, and 10 stand rejected under 35 U.S.C.              
          § 103(a) as being unpatentable over Lemelson and Brooke.  The               
          examiner finds that Lemelson teaches the subject matter of                  
          independent claims 1 and 5 except for adding an image signal to a           
          background portion, which the examiner concludes would have been            
          obvious over Brooke.                                                        
               We refer to the final rejection (Paper No. 17) and the                 
          examiner's answer (Paper No. 23) (pages referred to as "EA__")              
          for a statement of the examiner's rejection, and to the brief               
          (Paper No. 21) (pages referred to as "Br__") and reply brief                
          (Paper No. 24) (pages referred to as "RBr__") for a statement of            
          appellants' arguments thereagainst.                                         
                                       OPINION                                        
               Appellants argue that Lemelson is not concerned with real              
          time tracking of moving objects because Lemelson compares a scan            
          to the entire video field and a subsequent re-scan of the entire            
          video field at some later time for differences, which differences           
          are analyzed to determine whether something has changed from one            

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