Ex Parte Neushul - Page 2

                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)].                                                               




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