Ex parte HUGHES et al. - Page 13




          Appeal No. 1997-3819                                                        
          Application No. 08/278,153                                                  


          that Olsson fails to teach that lines are projected onto the                
          surface of the log.  We find that the lines depicted in                     
          Olsson’s Figure 7 are the surface contour lines of the simple               
          geometric representation of the log and are not lines                       
          projected onto the surface of the log.  Accordingly, we find                
          that Olsson does not anticipate every                                       
          limitation of either claim 1 or 9.  Therefore, we will not                  
          sustain the rejection of claims 1 and 9 under 35 U.S.C. § 102               
          as being unpatentable over Olsson.                                          
               We next consider the rejection of claims 2 through 8 and               
          10 under 35 U.S.C. § 103 as being unpatentable over Olsson.                 
               On pages 4 and 5 of the answer, the Examiner sets forth                
          the rejection relying on Olsson and assertions of what is                   
          known in the art.                                                           
               On pages 7 and 8 of the brief, Appellants reiterate that               
          Olsson does not teach that lines are projected onto the                     
          surface of the logs.                                                        
               As stated above, we find that the scope of independent                 
          claims 1 and 9 includes that the projected line forms an image              
          on the surface of the object.  We find that the scope of                    
          independent claim 10 similarly includes that an image of a                  
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