Ex Parte Nikoonahad et al - Page 4



                 Appeal 2006-3247                                                                                         
                 Application 10/345,055                                                                                   

                 consider the patentability of any grouped claim separately."  37 C.F.R.                                  
                 § 41.37(c)(1)(vii) (2005).2                                                                              

                         Here, the Appellants argue claims 1-3, 10, 11, 13-17, 19, 20, 22-24,                             
                 26, 27, 31, 32, and 34-41, which are subject to the same ground of rejection,                            
                 as a group.  (Br. 4-10.)  Therefore, we select claim 24 as the sole claim on                             
                 which to decide the appeal of the group.                                                                 

                                                       III. ISSUE                                                         
                         With this representation in mind, rather than reiterate the positions of                         
                 the parties in toto, we focus on the issue therebetween.  The Examiner finds                             
                 that page 21, lines 12-15, of the Appellants’ specification defines a contact                            
                 image sensor as "'a device composed of an illumination system which                                      
                 delivers light to the surface of a specimen such as a wafer 66 and a detection                           
                 system which collects the scattered light from the specimen surface and                                  
                 converts the light into usable electrical signals.'''  (Answer 13.)  Based on                            
                 this definition he asserts, "Wack et al. clearly shows in Figure 12 an                                   
                 illumination system (44) that delivers light to the surface of a specimen                                
                 (40a) and a detection system (46a, 46b), which collects scattered light from                             
                 the specimen and converts the light into usable electrical signals (54)."  (Id.)                         
                                                                                                                         
                 2 We cite to the version of the Code of Federal Regulations in effect at the                             
                 time of the Appeal Brief.                                                                                
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