Ex Parte NIELSEN et al - Page 10




                    Appeal No. 2001-0338                                                                                                                                  
                    Application No. 08/932,953                                                                                                                            


                    Therefore, we agree that Appellants' claim 5 does require an                                                                                          
                    eyetracker to provide a signal to indicate where the user's eyes                                                                                      
                    are looking.                                                                                                                                          
                              Tonosaki teaches several embodiments, one embodiment does                                                                                   
                    indeed teach detecting whether the user's eyes are open or                                                                                            
                    closed.  However, another embodiment teaches use of eyetrackers                                                                                       
                    to indicate where a user's eyes are looking to.  In particular,                                                                                       
                    Tonosaki teaches in column 4, lines 9-15 that the visual axis                                                                                         
                    detection means 15, 16 in the present embodiment employs a method                                                                                     
                    of detecting the visual axis, for example, as disclosed in                                                                                            
                    Japanese Laid-open Patent Application No. 4-138431, in which                                                                                          
                    infrared light is projected into the eyeball of the information                                                                                       
                    viewer and reflected light by the cornea thereof is detected,                                                                                         
                    thereby detecting the visual axis.  Thus, Tonosaki is teaching                                                                                        
                    the use of "an eyetracker providing a signal indicating where a                                                                                       
                    user's eyes are looking to said processor; and a control for                                                                                          
                    changing intensity of said display based on said signal" as                                                                                           
                    recited in Appellants' claim 5.  We agree that Tonosaki also                                                                                          
                    teaches another embodiment in which you would not have to use                                                                                         
                    sophisticated equipment in which you do not have to detect the                                                                                        
                    visual axis but you could simply detect whether the eyes are open                                                                                     
                    or closed.  See column 4, lines 15-17 of Tonosaki.  However, this                                                                                     

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