Appeal No. 2000-2208
Application No. 08/874,287
distance or area information, and a computation of cell count
versus that known area or distance” where a per-cell average
distance or area constant is used in the calculations (col. 4,
lines 31-42). Furthermore, to define the digital bit plane
overlay of a valid area by address or cell location, Schumacher
divides each of the 192 horizontal lines in the display area into
256 segments or picture elements, resulting in a 3:4 aspect ratio
(col. 6, lines 4-16).
Initially, we note that the examiner may take official
notice of facts outside of the record which are capable of
instant and unquestionable demonstration as being “well-known” in
the art. In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418, 420
(CCPA 1970). However, we do not find any disclosure in Nonami
that teaches or suggests using the image sensors necessarily as
the claimed image pickup device that receives a projected
photographic image. In that regard, Nonami merely discloses
using solid state imaging devices such as CCD sensors 23 and 24
in an endoscope for receiving the image of an illuminated object
(Fig. 2 and col. 4, lines 14-29). Thus, although we agree with
the Examiner’s taking of official notice that such sensors are
common and may be used in various imaging devices, we do not find
the specifically claimed image pickup device that receives a
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