Ex Parte Cannata et al - Page 5



              Appeal No. 2006-1049                                                                                       
              Application No. 09/667,826                                                                                 

                     12. The second issue before the Board is whether Appellants have                                    
              established that the Examiner erred in rejecting claims 40-50 and 52-58 under                              
              35 U.S.C. § 112, first paragraph.                                                                          
                     13. The third issue before the Board is whether Appellants have                                     
              established that the Examiner erred in rejecting claims 1, 5, 21, 22, 40, 42, and 48                       
              under 35 U.S.C. § 102(b).                                                                                  
                     14. The fourth issue before the Board is whether Appellants have                                    
              established that the Examiner erred in rejecting claims 6, 7, 12, 13, 15, 19, 24, 25,                      
              44-47, and 50 under 35 U.S.C. § 103(a).                                                                    


                                             II.  FINDINGS OF FACT                                                       
                     The following findings of fact are believed to be supported by a                                    
              preponderance of the evidence.                                                                             

                                                  A.  The Invention                                                      
                     1. This invention relates to infrared detection systems and imaging                                 
              systems.  More particularly, the present invention relates to infrared detection and                       



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