Appeal 2007-0156 Application 10/386,326 Appellant’s claimed invention relates to a method for permitting digital capture of images from both transmissive and reflective media. Upon selection between a transmissive scan mode and a reflective scan mode, either a transmissive medium is backlit if a transmissive scanning mode is selected, or a scan pattern is generated if a reflective scanning mode is selected. (Specification, paragraphs [0013] and [0022]). Claim 1 is illustrative of the invention and it reads as follows: 1. A method comprising: selecting between a transmissive scan mode (TSM) and a reflective scan mode (RSM); backlighting a transmissive medium if TSM is selected; or generating a scan pattern if RSM is selected. The Examiner relies on the following prior art reference to show unpatentability: Rubley US 5,574,274 Nov. 12, 1996 Claims 1, 6, and 10, all of the appealed claims, stand rejected under 35 U.S.C. § 102(b) as being anticipated by Rubley. Rather than reiterate the arguments of Appellant and the Examiner, reference is made to the Briefs and Answer for the respective details. Only those arguments actually made by Appellant have been considered in this decision. Arguments which Appellant could have made but chose not to make in the Briefs have not been considered and are deemed waived [see 37 C.F.R. § 41.37(c)(1)(vii)]. 2Page: Previous 1 2 3 4 5 6 Next
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