Appeal No. 2003-0583
Application No. 09/270,688
at least one scanning unit including a first and second side
portion extending upwardly from the base along the length
thereof." Therefore, we will sustain the Examiner's rejection of
claim 17 under 35 U.S.C. § 103.
Claim 3 stands rejected under 35 U.S.C. § 103 as being
unpatentable over Sundman and Garuet-Lempirou and further in view
of Appellants' admitted prior art. Appellants argue that there
is no motivation to modify Garuet-Lempirou to direct "a non-
focused fan-shaped line of laser light along the undersurface" of
the foot. See pages 9 and 10 of the brief and pages 5 and 6 of
the reply brief.
We find that Garuet-Lempirou teaches "a sensor comprising a
laser source generating lamellar beams, for example the beam
F21." See column 4, lines 50-61. We note that Figure 1 shows
beam F21 (actually shown as F11, an obvious typographical
mistake.) The figure shows the beam being a lamellar beam having
a characteristic of a non-focused fan-shaped line of laser light.
The beam is shown as non-focused fan-shaped in that the lines are
shown as non-converging. We find that this teaching would
suggest to those skilled in the art to use a non-focused fan-
shaped line of laser light such as those in which Appellants have
admitted as prior art.
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