Ex parte LAPINSKI et al. - Page 8




          Appeal No. 1997-4461                                                        
          Application 08/482893                                                       


          Yasuda stores each of these portions in a separate register                 
          (50, 52, 54 and 56) for calculation of equation (1).  We fail               
          to see how the information stored in Yasuda’s registers can be              
          considered to be a comparison of successive scan signals or a               
          detection of matching portions of the compared scans.  The                  
          Yasuda device does not have overlapping portions so that there              
          is no need to look for matching portions of successive scans                
          in order to reconstruct the bar coded symbol.  As noted above,              
          Yasuda achieves the same result as the claimed invention but                
          Yasuda gets there by an entirely different procedure which                  
          does not suggest the specific method and means of the claimed               
          invention.                                                                  
          For these reasons, we agree with appellants that the                        
          scanner apparatus of claim 49 and the scanner method of claim               
          56                                                                          
          are neither taught nor suggested by the scanner of Yasuda.                  
          Accordingly, the decision of the examiner rejecting claims 49-              
          61 is reversed.                                                             
          REVERSED                                                                    




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