Appeal No. 00-0833
Application 08/985,676
The claims include 1) creating a known mark pattern on an
object surface, 2) positioning an image sensing device over
the mark pattern, 3) taking a magnified image of the mark
pattern, 4) applying a load to the surface of the object, 5)
and again, taking a magnified image of the mark pattern.
(Finding 6).
Kanduth fails to describe or teach creating a known mark
pattern on the object surface and taking images of the mark
pattern before and after loading. The portion of the Kanduth
reference that the examiner cites for teaching creating a
known mark pattern on the object is as follows:
Photographs of two or more small images of an area of the
surface, the images being separated by precisely known
distance from one another, are obtained by means of one
or more conventional charge couple device camera(s)
including optional suitable optical arrangements such as
lenses and prisms that permits the surface to be
photographed, preferably at a 12X magnification or higher
(Kanduth, column 5, lines 46-53).
That the images, or the areas photographed are separated
at a known distance from each other, does not teach or suggest
creating a known pattern on the object, contrary to the
examiner’s assertion. (Finding 16). Kanduth describes
orienting two cameras over two random areas (images) to be
photographed, or alternatively orients one camera over a
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Last modified: November 3, 2007