Appeal No. 1998-2508
Application 08/626,299
Appellants argue that this aspect is nowhere present or even
suggested by Kimura.
The Examiner argues on page 3 of the answer that
Kimura teaches converting the light into an electrical signal
and integrating the electrical signal for at least one period
for the oscillatory motion by element 23 shown in figure 5.
The Examiner further argues that Appellants' claim 1 does not
require integrating an electrical signal immediately produced
by converting the reflected light and an integrator which is
continuously operable.
As pointed out by our reviewing court, we must first
determine the scope of the claim. "[T]he name of the game is
the claim." In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d
1523, 1529 (Fed. Cir. 1998).
Turning to Appellants' claim 1, we note that the
claim recites "converting light . . . into an electrical
signal; and integrating said electrical signal over time for
at least one
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