Ex Parte Gann - Page 2




                Appeal No. 2006-1378                                                                                                          
                Application No. 09/845,852                                                                                                    

                The examiner has now indicated that claims 2 and 11-14 are allowed [answer, page 2].                                          
                Accordingly, this appeal is now directed to the examiner’s rejection of claims 1, 3 and                                       
                10.                                                                                                                           
                The disclosed invention pertains to an image scanner and a method for detecting                                               
                defects in such a scanner.                                                                                                    
                Representative claim 3 is reproduced as follows:                                                                              
                3.  A method for detecting a defect in image data, comprising:                                                                
                         determining that intensity data, from a particular photosensor, in a particular line-                                
                array of photosensors, in a photosensor assembly, is less than a predetermined                                                
                intensity threshold; and                                                                                                      
                         determining that intensity data, for each photosensor, physically corresponding to                                   
                the particular photosensor, in all line-arrays in the photosensor assembly other than the                                     
                particular line-array of photosensors, is not less than the predetermined intensity                                           
                threshold.                                                                                                                    

                The examiner relies on the following reference:                                                                               
                Palcic et al. (Palcic)        6,026,174          Feb. 15, 2000                                                                
                Claims 1 and 10 stand rejected under 35 U.S.C. § 112, second paragraph, as failing                                            
                to particularly point out and distinctly claim the subject matter which appellant regards                                     
                as the                                                                                                                        







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