Appeal 2007-1983
Application 09/800,366
would inherently occur during a “frame time” (i.e., the time required to
obtain a complete image with improved sensitivity).5
Even if we assume, without deciding, that only one pulse was applied
to the infrared sensors for each preliminary measurement in Wood ‘149
(e.g., in the manner shown in Figure 6 of Wood ‘419),6 such a technique
would nonetheless effectively result in multiple pulses applied during the
“frame time” as claimed since multiple preliminary measurements are
conducted prior to averaging. That is, each preliminary measurement (and
their corresponding pulses) taken together effectively result in multiple
sequential pulses during the “frame time” as claimed.
For at least the foregoing reasons, Wood ‘149, considered with its
incorporated Wood ‘419 disclosure, fully meets claims 1 and 13.
Accordingly, the Examiner’s rejection of those claims is sustained.
Regarding claim 2, the scope and breadth of the claim does not
preclude obtaining multiple complete images with increased sensitivity
using the still camera of Wood ‘149. As the Examiner indicates (Answer 4),
Wood ‘149 teaches recording and displaying multiple still frame images
(Wood ‘149, col. 1, ll. 55-58). In our view, each complete, increased-
5 Under this interpretation, we find that the “frame time” in Wood ‘149
actually meets the narrower recitation of “frame time” recited in claim 13 --
an interpretation which likewise meets the broader recitation of the term in
claim 1.
6 Although Wood ‘419 in Figure 6 shows multiple bias pulses over time, we
presume that the time between these pulses is the “frame time” as the term is
defined in the Specification and recited in claim 13. That is, we presume
that Wood ‘419 applies one pulse during the frame time -- a teaching
commensurate with the admitted prior art shown in Figure 4 of the present
application. See also Br. 32 (noting that Figure 4 of the present application
“corresponds” to Figure 6 of Wood ‘419).
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