Appeal No. 2002-1732
Application No. 09/338,238
Consequently, we also will not sustain the rejection of
claims 18-21 which depend from claim 17 or of the rejection of
claim 57 which depends from claim 56.
We will sustain the rejection of claims 41-44 and 48-55
under 35 U.S.C. § 103 because appellants’ arguments with regard
to these claims are similar to those supra regarding a reference
path, degree of continuity, etc. and we have explained why we
interpret Gilbert as disclosing a reference path, as claimed, and
why appellants’ arguments directed to non-claimed limitations are
not persuasive.
We will, however, not sustain the rejection of claim 57
under 35 U.S.C. § 103 because this claim depends from claim 56,
the rejection of which we have reversed.
We will not sustain the rejection of claims 45 and 46 under
35 U.S.C. § 103 because these claims are similar to claims 5 and
6 and contain the limitations of the reference path representing
a centerline of the manufacturing line which, as explained supra,
are not suggested by the applied references.
We will sustain the rejection of claims 58 and 59 under
35 U.S.C. § 103 for the same reasons we sustained the rejection
of claims 22 and 23 supra, i.e., appellants’ arguments re
permanent storage and digital images are not persuasive of
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