Appeal No. 2001-1342
Application 08/994,821
that one of ordinary skill in the art would modify Xu to have an
assembly as taught by Berson which would have two two dimensional
image assemblies including two dimensional photo arrays. See
page 6 of the final action. The Examiner argues that Barkan
teaches the use of a single two dimensional image assembly and it
would be obvious to one of ordinary skill in the art at the time
to modify the proposed combination of Xu and Berson to utilize a
single two dimensional image assembly, since the use of single
sensors would provide several benefits, for example, reducing the
number of components. See page 6 of the Examiner’s final
rejection.
As pointed out by our reviewing court, we must first
determine the scope of the claim. “[T]he name of the game is the
claim.” In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d 1523,
1529 (Fed. Cir. 1998).
We find that all of Appellants’ claims before us require “a
single two dimensional image assembly including a two dimensional
photosensor array, the imaging assembly actuatable to generate a
single representative of an image of a target area of the imaging
assembly, the target area image resulting from an illumination
pattern received from the target area.” Furthermore, we note
that all of Appellants’ claims recite
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