Ex parte SVETKOFF et al. - Page 3




                 Appeal No. 1999-0323                                                                                     Page 3                        
                 Application No. 08/079,504                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellants' invention relates to a method for the                                                                         
                 high-speed, high-resolution, 3-D imaging of an object at a                                                                             
                 vision station.  An understanding of the invention can be                                                                              
                 derived from a reading of exemplary claims 43 and 44, which                                                                            
                 appear in Appendix I to the appellants' brief.                                                                                         


                          Claims 43 and 44 stand rejected as being improper reissue                                                                     
                 claims which attempt to recapture subject matter deliberately                                                                          
                 canceled from the parent application in order to obtain                                                                                
                 allowance.2                                                                                                                            


                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellants regarding the above-noted                                                                           
                 rejection, we make reference to the final rejection (Paper No.                                                                         
                 23, mailed April 1, 1997), the advisory action (Paper No. 29,                                                                          
                 mailed August 26, 1997), and the examiner's answer (Paper No.                                                                          
                 33, mailed February 17, 1998) for the examiner's complete                                                                              
                 reasoning in support of the rejection, and to the appellants'                                                                          

                          2We assume that this rejection was made under the                                                                             
                 provisions of 35 U.S.C. § 251.                                                                                                         







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