Appeal No. 2001-1342
Application 08/994,821
provided by the first illumination source and then later in time
providing data of a second illumination source. We find that
Barkan does not suggest to one of ordinary skill in the art to
modify the combination of Xu and Berson such that Berson would
only have a single two dimensional image assembly including a two
dimensional photo array.
Claims 4, 5, 18 and 19 stand rejected under 35 U.S.C. § 103
as being unpatentable over Xu, Berson and Barkan, and further in
view of Roustaei. Claims 9 and 23 stand rejected under 35 U.S.C.
§ 103 a being unpatentable over Xu, Berson and Barkan, and
further in view of Smith. We note that claims 4, 5, 9, 18, 19
and 23 recite the above discussed limitation due to their
dependency. We note also that the Examiner is relying on the
combination of Xu, Berson and Barkan for the above discussed
limitations. Therefore, we will not sustain these rejections for
the same reasons discussed above.
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