Ex parte ELLENBY et al. - Page 6




          Appeal No. 1998-0678                                                        
          Application No. 08/411,299                                                  
          2 under 35 U.S.C. 103.                                                      

               Claim 3 falls with independent claim 1 as it is not                    
          separately argued.  Similarly, claims 4-6 and 8 will fall with              
          independent claim 1 because, while appellants attempt to make a             
          showing of arguing these claims separately, at page 7 of the                
          brief, closer analysis of these “arguments” reveals that                    
          appellants’ position is merely a general statement that there               
          are “differences” between Diner and the instant invention and               
          between Burgess and the instant invention.  However, no                     
          specifics regarding the alleged differences are set forth by                
          appellants.  Accordingly, since no specific arguments are made              
          directed to the                                                             


          merits of claims 3-6 and 8, we will not sustain the rejection               
          of these claims under 35 U.S.C. 103.                                        
               Finally, we turn to claim 7.  This claim depends from                  
          independent claim 1 through claim 3 and recites specifics of                
          the image information being graphical and “determined by                    
          measurements of position and attitude of either vision system.”             
          Appellants clearly argue, at page 8 of the brief, that whereas              
          the instant invention uses position and attitude to properly                

                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007