Ex parte INBAR - Page 7




          Appeal No. 2001-0252                                                        
          Application 08/760,652                                                      


               We turn next to the examiner's rejection of claim 30                   
          under 35 U.S.C. § 102(b) as being anticipated by Geluk.  In                 
          this instance, appellant has presented arguments on pages 10                
          and 11 of the brief and on pages 8 and 9 of the reply brief                 
          which we find persuasive.  Like appellant, we consider the                  
          examiner’s position equating “the center spot on the screen”                
          in Geluk (answer, page 4) to appellant’s “guide” set forth in               
          claim 30 to be untenable. Unlike appellant’s guide seen in                  
          Figures 4A, 4B of the present application, the imaginary                    
          center spot identified by the examiner on the screen (2) of                 
          Geluk is not capable of “guiding the transparency into a                    
          predetermined mounting position” as at (42) of Figure 4A, or                
          of cooperating with a second transparency having a second                   
          predetermined mounting position (44 in Fig. 4A) as is set                   
          forth in appellant’s claim 30 so that the guide “separates and              
          determines the two predetermined mounting positions.”  As for               
          the examiner’s position (answer, page 8) that appellant “fails              
          to define any structure with regard to the guide,” we find                  
          this position to be in error, since the limitation as set                   
          forth in claim 30 on appeal with regard to the “guide” would                


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