Ex Parte ELLENBY et al - Page 7



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

         suggested by Pryor.  We are in agreement with Appellants that, at       
         most, Pryor provides a teaching of running CAD software on a            
         computer which is part of a combination including camera imaging        
         apparatus.  Further, although Pryor suggests the use of positional      
         reference information from the CAD software, we find no teaching or     
         suggestion of “... combining imagery from said electronic camera        
         with imagery from said CAD software” as specifically recited in         
         appealed claim 1.                                                       
              In view of the above discussion, since all of the claim                                                                 
         limitations are not taught or suggested by the applied prior art        
         Pryor reference, it is our opinion that the Examiner has not            
         established a prima facie case of obviousness with respect to           
         independent claim 1.  Accordingly, the Examiner’s 35 U.S.C. § 103       
         rejection of independent claim 1 based on Pryor is not sustained.       
              Turning to a consideration of the Examiner’s 35 U.S.C. § 103       
         rejection of claims 2-4 based on the combination of Fellous and         
         Saunders, we do not sustain this rejection as well.  In analyzing       
         the limitations set forth in appealed claims 2-4, the Examiner has      
         added Saunders to Fellous to address the claimed features directed      
         to the determination of a reference point as related to the             
         intersection of an image axis, which defines a system pointing          
         direction, and the image plane of a camera.                             
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