Ex Parte MARTINO et al - Page 5




              Appeal No. 2006-0909                                                                 Page 5                                        
              Application No. 09/282,320                                                                                                         



              although the appellants asserted that "[c]laims 1, 11, and 15 have been amended to                                                 
              clarify the claimed invention," (Paper No. 15 at 3), no attempt was made to point out any                                          
              support for the adding the limitation that the claimed mirror is "movably arranged at an                                           
              angle to the camera."                                                                                                              


                     In the latter amendment, the appellants noted that "[c]laims 1, 11, 15 and 18                                               
              have been amended to clarify that the field of view of the mirror substantially                                                    
              corresponds to the field of view of the camera," (Paper No. 24 at 8), and alleged that                                             
              "[s]upport for the amendment is clearly provided throughout the specification, for                                                 
              example, Abstract at lines 5-6 and shown in Fig. 1."  (Id.)  The field of view mentioned                                           
              in the abstract and shown in the Figure, however, are that of "the camera."  (Abs., ll. 6-                                         
              7.)  Rather than a field of view of the mirror, the abstract and Figure 1 disclose that the                                        
              mirror features "a field of reflection."  (id. at l. 6 (emphasis added).)  The relation                                            
              between the "field of view" of the mirror added to independent claims 1, 11, 15 and 18                                             
              and the "field of reflection" of the mirror recited in some of the dependent claims (e.g.,                                         
              claims 2, 13, and 19), moreover, is unclear.                                                                                       


                     In an ex parte appeal, "the Board is basically a board of review — we review . .                                            
              rejections made by patent examiners."  Ex parte Gambogi, 62 USPQ2d 1209, 1211                                                      
              (Bd.Pat.App. & Int. 2001).  Consequently, we leave the issue of whether the original                                               
















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