Ex Parte YOUNG et al - Page 5




                    Appeal No. 2003-0583                                                                                                                                  
                    Application No. 09/270,688                                                                                                                            

                                                                              OPINION                                                                                     
                              With full consideration being given the subject matter on                                                                                   
                    appeal, the Examiner's rejections and arguments of Appellants and                                                                                     
                    the Examiner, for the reasons stated infra, we reverse the                                                                                            
                    Examiner's rejection of claim 13 under 35 U.S.C. § 102.  However,                                                                                     
                    we affirm the Examiner's rejection of claims 1, 3, 4, 6-16 and                                                                                        
                    20-29 under 35 U.S.C. § 103.                                                                                                                          
                                                      Rejection under 35 U.S.C. § 102                                                                                     
                              Appellants argue that Yanagida does not teach "at least one                                                                                 
                    scanning station for supporting a foot to be measured, the at                                                                                         
                    least one scanning station including at least one movable laser                                                                                       
                    scanning unit for determining coordinates of an undersurface of                                                                                       
                    the foot by directing at least one line of laser light along the                                                                                      
                    undersurface" as recited in Appellants' claims 13.  See page 5 of                                                                                     
                    the brief.  Appellants further emphasize that Yanagida does not                                                                                       
                    teach "at least one laser scanning station having at least one                                                                                        
                    movable scanning unit" as recited in Appellants' claim 13.  See                                                                                       
                    page 3 of the reply brief.  In particular, Appellants point out                                                                                       
                    that Yanagida's device uses cameras 12a and 12b and are not                                                                                           
                    movable.                                                                                                                                              
                              It is axiomatic that anticipation of a claim under § 102 can                                                                                
                    be found only if the prior art reference discloses every element                                                                                      

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