Appeal No. 1998-0618
Application 08/288,194
more images provide more accuracy. Rothfjell states “any
number of such photographs (from one on up) may be sufficient
in various embodiments” (column 3, lines 40-42, emphasis
added). Thus, “any number” can be 1 as well as the more than
3 required by the Examiner’s logic. There is no suggestion
that more (greater than 3) is better. Rothfjell only states
that a different number “may be sufficient”. The only
suggestion that more is better comes from Appellants’
disclosure.
Second, assuming the number of photographs is
increased in Rothfjell, there is no suggestion that these
would be taken between the suggested 0E, 45E and 90E disclosed,
resulting in 0E, 22.5E, 45E, 67.5E and 90E, and thus within
Appellants’ claimed 40E. One could just as easily take the
additional photographs at 0E, 45E, 90E, 135E, 180E, etc., and
thus still exceed Appellants’ claimed 40E.
Third, assuming the photograph angles were a matter
of design choice (answer-page 5), why would one skilled in the
art decide to decrease Rothfjell’s angle size to less than 45E
instead of increasing the angle size. And, if somehow one
8-8-
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