Appeal No. 1998-0818
Application No. 08/319,143
having a shifted distortion function." We find that the
coding of these three filter types is defined on page 15 of
Appellants’ specification. Thus, we find that the scope of
claims 11 and 12 includes that the phase encoded filter is
only one of the three types of encoded filters defined on page
15 of the Appellants’ specification.
We find that the scope of independent claim 14 and
dependent claim 6 includes that the amplitude encoded filter
has a transmissivity which increases along radial lines. This
scope is shown in the following language common to claim 13
and claim 6: "wherein said amplitude encoded filter has a
transmissivity which increases along radial lines extending
from a central portion of said amplitude encoded filter."
We note that the Examiner’s use of the Official Notice
and statements of what is obvious on page 5 of the Brief are
unsupported by evidence on the record. Upon challenge of the
assertions by the Appellants, the Examiner should have
supplemented the stated rejection with a reference providing
evidence of noticed assertions. We are not inclined to
dispense with proof by evidence when the proposition at issue
is not supported by a teaching in a prior art reference or
15
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