Appeal No. 2003-0583
Application No. 09/270,688
Turning to independent claim 17, Appellants argue that
neither Sundman nor Garuet-Lempirou teaches or suggests "at least
one scanning station including a base having a length for
supporting the foot . . . the at least one laser scanning unit
including a first and second side portion extending upwardly from
the base along the length thereof" as recited in Appellants'
claim 17. See pages 7 and 8 of the brief and page 4 of the reply
brief.
We note that Appellants' specification shows a base 14 and
at least one scanning unit 110 including a first and second side
portion (the portions nearest the 112 glass) extending upwardly
from the base along the length thereof. See Figure 15A in
Appellants' specification. We note that Garuet-Lempirou's Figure
1 shows a base 40 for supporting a foot and a cradle 2 having
first and second side portions. The side portions of Garuet-
Lempirou's cradle extend upwardly from the base of cradle 2 as
well as from base 40 which supports the foot. We note the claim
languages of claim 17 only requires "one scanning unit" including
first and second portion extending upwardly. Therefore, we find
that the combination of Sundman and Garuet-Lempirou meets the
Appellants' claimed limitation of "at least one scanning station
including a base having a length for supporting a foot . . . the
1414
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