Ex Parte YOUNG et al - Page 11




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

                              Even having determined the claimed scope covers a foot                                                                                      
                    wearing a compression sock, we find that Garuet-Lempirou teaches                                                                                      
                    digitizing a human foot.  See column 4, lines 14-16, column 5,                                                                                        
                    lines 3-5, and column 5 57-58.  We do note that Figure 1 shows a                                                                                      
                    foot 4 wearing some sort of material.  We note that Garuet-                                                                                           
                    Lempirou teaches digitizing a human foot in the natural state as                                                                                      
                    well.  We note that Garuet-Lempirou does teach in column 1, lines                                                                                     
                    48-55 that one embodiment would be to enclose the foot in a                                                                                           
                    support stocking.  However, Garuet-Lempirou makes it clear that                                                                                       
                    this is a non-limiting example.  See column 1, lines 53-54.                                                                                           
                    Garuet-Lempirou states that in the first family of applications,                                                                                      
                    the invention is used to digitize a human member and in                                                                                               
                    particular a human foot to plot its volume.  See column 1, lines                                                                                      
                    49-52.  Therefore, we find that Garuet-Lempirou does teach                                                                                            
                    "randomly positioning a foot to be measured on a laser scanning                                                                                       
                    station" as recited in Appellants' claims.                                                                                                            
                              Appellants further argue that Sundman does not disclose or                                                                                  
                    suggest "scanning the undersurface of the foot with at least one                                                                                      
                    laser scanning unit by directing at least one line of laser light                                                                                     
                    along the undersurface" as recited in Appellants' claim 1.  As we                                                                                     
                    have already found above, Garuet-Lempirou teaches scanning the                                                                                        
                    undersurface of a foot.  However, Appellants further argue that                                                                                       

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