Appeal No. 2004-0532
Application No. 09/150,277
Apr. 9, 2003, paper 27, page 7), Borchers teaches a method of
capturing information regarding the surface shape of an object,
such as the underside of a human foot or other extremity.
(Column 1, lines 12-14.) Specifically, Borchers teaches (column
1, lines 56-63):
It is one object of the present invention to
provide an apparatus and method for measuring surface
contours which can accommodate for optic
nonlinearities by projecting a plurality of laser
lines across an object surface, receiving a reflection
of the projected lines from the surface, determining
curvature deformations in the reflected lines with
reference to calibration data, and calculating a
surface projection based on the determined curvature
deformations.
While Borchers does teach combining two data matrices
(column 10, line 58 to column 11, line 12), the examiner does
not provide any evidence or reasoning on why one of ordinary
skill in the art would have been led to combine the teachings of
the two references. That is, the examiner does not identify the
requisite motivation, teaching, or suggestion in the prior art
to adequately establish that, prima facie, one of ordinary skill
in the art would have been led to apply the concepts disclosed
in Borchers, which is directed to a method for determining the
surface contours of an object such as the underside of a human
foot, to the teachings of Chaiken, which is directed to a method
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