Ex Parte KERSCHNER - Page 4




              Appeal No. 2000-0930                                                                                     
              Application No. 08/888,339                                                                               


              page 6.)  We disagree with appellant.  Rather, we found that Vogeley teaches two                         
              dimensional imaging within the optics and the two dimensional image is compressed                        
              into a one dimensional image by the optics.  (Decision at page 3.)                                       
                    We are not persuaded that we erred in our interpretation of the language of                        
              independent claims 1 and 12.  Appellant has the burden of identifying a clear error                      
              (points misapprehended or overlooked) in the decision.  (See 37 CFR § 1.197(b).)  We                     
              find that appellant has not identified any points misapprehended or overlooked in the                    
              decision.  Therefore, we decline to modify our decision beyond clarification of the                      
              correct status of dependent claims 25 and 27.                                                            
                                                   CONCLUSION                                                          
                    In light of the foregoing, the appellant's request for rehearing is granted to the                 
              extent of reconsidering our decision, but is denied with respect to making any change                    
              thereto.                                                                                                 













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