Ex Parte GUNDAY et al - Page 3



          Appeal No. 2000-2208                                                        
          Application No. 08/874,287                                                  

               photographic image with at least two cursor overlays                   
               superimposed thereon;                                                  
                    a measuring device for measuring the distance between             
               two locations in the video image at which said at least two            
               cursor overlays are superimposed; and                                  
                    a calibrating device for selectively calibrating either           
               vertical or horizontal distance between said two locations             
               in the video image at which said at least two cursor                   
               overlays are superimposed to generate a calibrated distance            
               between said two locations; wherein said calibrating device            
               automatically compensates for unequal physical distance                
               between pixels in the vertical and horizontal direction to             
               permit said measuring device to determine the distance in              
               uncalibrated orientation as a function of said calibrated              
               distance.                                                              
               The Examiner relies on the following references in rejecting           
          the claims:                                                                 
               Schumacher               4,315,282           Feb.  9, 1982             
               Nonami et al. (Nonami)   4,935,810           Jun. 19, 1990             
               Claims 35-37, 42 and 44 stand rejected under 35 U.S.C.                 
          § 103(a) as being unpatentable over Nonami in view of Schumacher.           
               Rather than reiterate the viewpoints of the Examiner and               
          Appellants regarding the above-noted rejection, we make reference           
          to the answer (Paper No. 26, mailed June 6, 2000) for the                   
          Examiner’s reasoning, the appeal brief (Paper No. 25, filed                 
          April 18, 2000) and the reply brief (Paper No. 28, filed August             
          1, 2000) for Appellants’ arguments thereagainst.                            


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