Appeal No. 97-1631 Page 8
Application No. 08/245,267
claimed masking means is positioned in a scanning beam between
a scanning means and indicia to be scanned. The positioning
is outside the plane of the indicia. In contrast, the
reference’s template is positioned in an array of scanned
video data comprising cells of video data. Col. 4, ll. 5-12
and 27-40. The claimed masking means carries at least one
coded symbol. In contrast, Guthmueller’s template mask
comprises video scan cells. Col. 4, ll. 27-29. Therefore, we
find that Guthmueller fails to teach or suggest the masking
means and step of positioning masking means as specified in
claims 1 and 20, respectively.
Regarding the Abe reference, we find that the reference
fails to teach or suggest the claimed masking means and step
of positioning masking means. We also find that Abe neither
teaches nor suggests the receiving means specified in claim 1
and the step of receiving light specified in claim 20.
Independent claim 1 specifies inter alia “means for receiving
light reflected from the indicia and for reading the indicia
using information from the at least one coded symbol.”
Independent claim 20 specifies inter alia an analogous step of
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