Ex parte LEBEAU - Page 2




          Appeal No. 97-2706                                                          
          Application No. 08/340,946                                                  


          through 17.                                                                 
               The disclosed invention relates to a method of detecting               
          a defect in an object.                                                      
               Claim 14 is the only independent claim on appeal, and it               
          reads as follows:                                                           
               14. A method of detecting a defect in an object                        
          comprising:                                                                 
               forming a grey scale image of the object wherein the grey              
          scale image has a major axis;                                               
               forming a shifted image of the grey scale image by                     
          shifting the grey scale image along the major axis; and                     
               comparing the shifted image to the grey scale image to                 
          detect the defect.                                                          
               The reference relied on by the examiner is:                            
          Gonzales et al. (Gonzales), “Digital Image Processing,”                     
          Addison-Wesley, 1987, pages 47, 48 and 100 through 111.                     
               Claims 14 through 17 stand rejected under the first                    
          paragraph of 35 U.S.C. § 112 because:                                       
               3.   The term “major axis” is in fact present in the                   
               specification but it is not defined.  Specification.                   
               page 8, lines 25-27:                                                   
                    ...shifting the duplicate image a distance 52                     
               along a major axis of images       41, 42, and 43.                     
               No explanation is made as to how “axes” are                            
               determined (eg, axis of symmetry?) and thus there                      
               are an infinite number of them.  No axes are shown                     
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