Ex Parte ELLENBY et al - Page 5



         Appeal No. 1999-2075                                                    
         Application No. 08/482,944                                              

         Examiner’s interpretation of Fellous, there is no disclosure of the     
         position, attitude, and range measurement apparatus set forth in        
         appealed claim 1.                                                       
              After reviewing the Fellous reference in light of the              
         arguments of record, we are in general agreement with the               
         Examiner’s position as expressed in the Answer.  We do not find         
         persuasive Appellants’ contention (Brief, page 4) that, while the       
         sensors 28-30 in Fellous provide information as to the geometrical      
         characteristics of the filming system, there is no indication in        
         Fellous that such information includes position, attitude, and          
         range information.  We note, however, that, although Fellous may        
         not spell out every detail of the claimed invention, a reference        
         anticipates a claim if it discloses the claimed invention “such         
         that a skilled artisan could take its teachings in combination with     
         his own knowledge of the particular art and be in possession of the     
         invention.”  In re Graves, 69 F.3d 1147, 1152, 36 USPQ2d 1697, 1701     
         (Fed. Cir. 1995), quoting from In re LeGrice, 301 F.2d 929, 936,        
         133 USPQ 365, 372 (CCPA 1962).                                          
              In our view, the disclosure in Fellous (column 6, lines 23-25)     
         describing sensor information relating to height and orientation of     
         the camera in relation to its pedestal is clearly position              
         information as claimed.  Similarly, although Fellous does not use       
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