Appeal No. 1998-0628
Application 08/197,100
We agree in this case because the whole system in
Schmalfuss is based around the dot scanning method. However,
the rejection is based on the collective teachings of the
references. As discussed, supra, the references together
would have suggested the obviousness of the subject matter of
claim 30.
Appellants argue that Remy does not obtain an image of
the entire bottle at one time (Br7).
We disagree. Remy suggests that an image of the whole
bottle can be taken at one time because it states that "where
substantially the entire inner surface of the container is
illuminated at the same time, the rotation can be eliminated"
(col. 2, lines 20-22) and "[t]he measuring instrument has
preferably an optical system imaging the container or partial
regions of the container . . ." (emphasis added) (col. 3,
lines 3-5). In the preferred embodiments, several images are
produced (col. 2, lines 34-37) but this does not negate the
teaching that the image of the container can be produced.
Remy discusses that measuring an area is faster than the prior
art method of successively illuminating spots and then
rotating the vessel (col. 2, lines 10-19). Furthermore, one
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