Ex Parte NORITA et al - Page 1




               The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.
                                                                                           Paper No. 20             
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                   ____________                                                     
                               BEFORE THE BOARD OF PATENT APPEALS                                                   
                                            AND INTERFERENCES                                                       
                                                   ____________                                                     
                   Ex parte TOSHIO NORITA, TAKASHI KONDO, EIRO FUJII, and FUMIYA YAGI                               
                                                   ____________                                                     
                                               Appeal No. 2003-1611                                                 
                                             Application No. 09/243,794                                             
                                                   ____________                                                     
                                                HEARD: Jan. 6, 2004                                                 
                                                   ____________                                                     
             Before BARRETT, BARRY, and SAADAT, Administrative Patent Judges.                                       
             BARRY, Administrative Patent Judge.                                                                    


                                               DECISION ON APPEAL                                                   
                    A patent examiner rejected claims 22-24.  The appellants appeal therefrom                       
             under 35 U.S.C. § 134(a).  We reverse.                                                                 


                                                 BACKGROUND                                                         
                    The invention at issue on appeal relates to three-dimensional ("3-D")                           
             measurements.  3-D measurements of human bodies around the entire circumference                        
             thereof have been made in fields such as medicine and apparel for many years.  (Spec.                  
             at 1.)  According to the appellants, however, conventional mechanisms  for making 3-D                  








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