Ex parte BOONE et al. - Page 5




          Appeal No. 95-1220                                                          
          Application 07/972,279                                                      



                                       OPINION                                        
                    After a careful review of the evidence before us, we              
          agree with the Examiner that claims 1, 7, 14 and 24 are prop-               
          erly rejected under 35 U.S.C. § 103.  Thus, we will sustain                 
          the rejection of these claims but we will reverse the rejec-                
          tion of the remaining claims on appeal for the reasons set                  
          forth infra.                                                                
                    On page 6 of the brief, Appellant argues that the                 
          Examiner’s rejection of claim 1 as being unpatentable in view               
          of Crane and Boone is improper because Crane does not teach                 
          the extraction of an object’s boundary as recited in the                    
          preface of Appellants’ claim 1.  However, the Examiner is not               
          relying on Crane but instead relies on Boone for this teach-                
          ing.                                                                        
                    On page 3 of the answer, the Examiner shows that                  
          Crane teaches the method steps of overlapping a slit and the                
          object in column 2, line 65, through column 3, line 3, as                   
          recited in Appellants’ claim 1.  The Examiner further shows                 
          that Crane teaches the method step of rotating the slit rela-               
          tive to the object in column 3, lines 3-5, as recited in                    

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