Ex parte GATTI - Page 8




          Appeal No. 95-1515                                                          
          Application 08/027,656                                                      


          subject at different angles.  An image of a subject at one                  
          angle is a distinct image from another image of the subject at              
          another angle.  Therefore, we will sustain the Examiner’s                   
          rejection of claims 1 through 4 and 7.                                      
               On page 5 of the brief, Appellant argues that first                    
          surface mirrors recited in claim 6 are utilized to guarantee                
          the reflection of only one image.  However, we note that claim              
          6 only recites that the "mirror means comprises first surface               
          mirrors" and does not require the limitation as argued by                   
          Appellant.  We find that the Examiner's finding that Murphy,                
          Papritz and Sayanagi teach first surface mirrors as recited in              
          Appellant's claim 6 is reasonable.  Therefore, we will sustain              
          the Examiner's rejection of claim 6.                                        
               On pages 5 and 6 of the brief, Appellant argues the                    
          limitations recited in claims 5, 8 and 9.  The Examiner has                 
          not                                                                         
          shown how the references read on these limitations.  We are                 
          not inclined to dispense with proof by evidence when the                    
          proposition at issue is not supported by a teaching in a prior              
          art reference or shown to be common knowledge of                            
          unquestionable demonstration. Our reviewing court requires                  
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