Ex Parte GUNDAY et al - Page 4



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

                                       OPINION                                        
               At the outset, we note that Appellants state their intention           
          that claims 35-37, 42 and 44 be grouped together so that they               
          stand and fall together (brief, page 5).  Accordingly, we will              
          consider the claims as one group and will limit our consideration           
          to independent claim 35 as the representative claim of the group.           
               The Examiner relies on Nonami for teaching the claimed                 
          elements except for the input image being a projected                       
          photographic image and the calibration system.  The Examiner,               
          however, takes official notice that image sensors may be used in            
          various environments and therefore, the sensors of Nonami are               
          capable of receiving photographic images (answer, page 4).  The             
          Examiner further relies on Schumacher for disclosing a system for           
          measuring the distance between two cursor overlays which “is                
          calibrated by using a known distance” and presumes that the known           
          distance is inputted by the user (id.).                                     
               Appellants argue that the Examiner, in taking the official             
          notice, improperly associates the claimed image pickup device               
          that receives photographic images with the photo sensors of                 
          Nonami (brief, page 7).  Appellants further assert that                     
          Schumacher’s calibration is based on calculating a distance by              
          determining the number of pixels in the display area by counting            
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