Ex Parte ELLENBY et al - Page 6



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

         the term “attitude”, in our view, the skilled artisan would             
         appreciate that sensor 29 which provides information as to tilt or      
         inclination of the camera about its horizontal axis is an attitude      
         measurement apparatus.  In this same vein, the dolly sensor 30 in       
         Fellous which measures displacement of the camera pedestal carriage     
         5 along the rails 6 would thereby provide an indication of distance     
         or “range” to a viewed object, as also would the focusing sensor 31     
         described at column 5, line 67.  Accordingly, since all of the          
         claim limitations are present in the disclosure of Fellous, the         
         Examiner’s 35 U.S.C. § 102(e) rejection of independent claim 1 is       
         sustained.                                                              
              We next consider the Examiner’s 35 U.S.C. § 103 rejection of       
         claim 1 based on Pryor.  According to the Examiner, while the main      
         use of the imaging system disclosed in Pryor is in fixture              
         construction, the Examiner nevertheless suggests the obviousness to     
         the skilled artisan of using Pryor’s system in computer modeling of     
         car and building designs “... to create a more accurate computer        
         model of any objects with respect to perspective and spatial            
         relationships as measured on real-time.”  (Answer, page 4).             
              In response, Appellants argue (Brief, page 6) the Examiner’s       
         failure to establish a prima facie case of obviousness since there      
         is no showing that all of the claim limitations are taught or           
                                        6                                        




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007