Ex Parte ALVES et al - Page 5




          Appeal No. 2003-1486                                                        
          Application No. 09/152,016                                                  


          claims.  Further, Frontino discloses nothing about the detector             
          for the embodiments of Figures 8 and 9, so it is unclear if the             
          detector is fully illuminated, as required by the claims.  Since            
          Frontino fails to satisfy each and every limitation, Frontino               
          cannot anticipate the claims.  Accordingly, we will not sustain             
          the anticipation rejection of claims 4, 6 through 9, 11, 13, 14,            
          and 16.                                                                     
               As to the obviousness rejection of claims 5, 10, 15, 17, and           
          18, the examiner relies solely on Frontino, which we have found             
          supra to be lacking as to the limitation of "without focusing."             
          Since the examiner has provided no further art nor any convincing           
          line of reasoning why it would have been obvious to modify                  
          Frontino to overcome the above-noted deficiency, we cannot                  
          sustain the obviousness rejection of claims  5, 10, 15, 17, and             
          18.                                                                         












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