Ex parte ROTH et al. - Page 4




          Appeal No. 95-3071                                                          
          Application No. 08/028,013                                                  


          stating that the means for centering “comprises...” or                      
          “further comprise...” has been omitted) and appellants have                 
          not contested this rejection.  As such, we find that claim 9                
          fails to further limit the subject matter of the claim from                 
          which it depends.  Therefore, claim 9 is an improper dependent              
          claim within the meaning of 35 U.S.C. 112, fourth paragraph.                
               Turning now to the rejection of claims 1, 2, 4, 10 and 11              
          under 35 U.S.C. 102(b), we will not sustain this rejection                  
          because Lawton clearly does not disclose or otherwise teach                 
          all of the claimed subject matter.                                          
               Independent claims 1 and 10 require, inter alia,                       
          detection of a moving target and centering the target to                    
          permit an integrating means to increase the target to clutter               
          ratio.                                                                      
               Lawton is directed to a machine vision method and                      
          apparatus which permits a robot to determine movement in a 2-               
          dimensional field of view and follow a path to an intended                  
          target.  Therefore, unlike the instant claimed invention,                   
          Lawton is not concerned with a moving target.  In Lawton, the               
          target remains stationary and the robot moves.  Further, we                 
          find no evidence in Lawton of any centering of a target in                  
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