Ex Parte BEARSS et al - Page 3




          Appeal No. 2002-1457                                                        
          Application No. 09/047,315                                                  

               Claims 21 and 22 stand rejected under 35 U.S.C. § 112,                 
          second paragraph, as being indefinite.                                      
               Claims 1-22 stand rejected under 35 U.S.C. § 103(a) as being           
          unpatentable over Eschbach in view of Frazier.                              
               We make reference to the answer (Paper No. 14, mailed                  
          September 11, 2001) for the Examiner’s reasoning, and to the                
          brief (Paper No. 13, filed June 25, 2001) and the reply brief               
          (Paper No. 15, filed January 22, 2002) for Appellants’ arguments            
          thereagainst.                                                               
                                       OPINION                                        
               In rejecting claims 21 and 22 under the second paragraph of            
          35 U.S.C. § 112, the Examiner points to the limitations of “given           
          scan line definition” and “such that at least some of the second            
          data is imaged offset from the raster scan line definition” as              
          vague and unclear (answer, page 3).  Appellants argue that all              
          imaging devices have a given or default raster scan line                    
          definition depending on the raster scan lines arrangement and               
          dictated by the resolution of the bitmap and the pitch of the               
          laser scan (reply brief, page 2).  Appellants further assert that           
          the normal and reasonable meaning of “offset” is “placed or moved           
          out of line or out of the center” which is consistent with the              
          teachings of the specification that some data is formed                     

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