Ex parte HOFER et al. - Page 5




          Appeal No. 1998-0628                                                         
          Application 08/197,100                                                       

          "means" are not intended to be in means-plus-function format.                
          Our interpretation is consistent with dependent claim 33 which               
          recites an "area determination means," indicating that the                   
          structure for performing the function is not recited in                      
          claim 30.  Appellants do not argue the area determination                    
          limitation of claim 30.                                                      
               Schmalfuss discloses testing transparent components, such               
          as optical or ophthalmic lenses, for flaws, particularly                     
          surface flaws (col. 1, lines 13-17).  However, Schmalfuss uses               
          dot scanning and does not disclose (1) dark-field                            
          illumination, and (2) recording an image of the whole                        
          component at one single time.                                                
               Remy discloses testing transparent containers, such as                  
          bottles, using dark-field illumination (col. 2, lines 38-41)                 
          and recording an image of the "container or its regions"                     
          (col. 4, line 14) on a detector comprising an array of                       
          photocells (right side of figure 1) or a picture scanning tube               
          (Vidicon tube) (left side of figure 1) (col. 4, lines 12-36).                
          The scanned output is connected to a logical circuit 24 which                
          compares the output to a threshold to provide a control signal               
          and which may have signal processing circuits (col. 4, line 53               

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