Ex Parte Wood - Page 6

                Appeal 2007-1983                                                                             
                Application 09/800,366                                                                       
                                                                                                            
                common, fundamental attribute: they both acquire images via an array of                      
                sensors that detect incoming infrared radiation.                                             
                      As the Examiner indicates (Answer 11-12), images in Wood ‘149 can                      
                be acquired with improved sensitivity either by (1) averaging successive                     
                images (i.e., complete images) (Wood ‘149, col. 5, ll. 11-16), or (2)                        
                averaging multiple measurements from sensors to obtain a complete image                      
                (Wood ‘149, col. 5, ll. 47-53).  The latter method, in effect, occurs prior to               
                acquiring a complete image.                                                                  
                      Although the preferred embodiment of Wood ‘149 employs                                 
                thermoelectric sensors to detect infrared radiation (Wood ‘149, col. 2, ll. 25-              
                46), Appellant has not pointed out -- nor can we find -- any meaningful                      
                distinction between the bolometers used in the incorporated Wood ‘419                        
                disclosure and the thermoelectric infrared sensors used in Wood ‘149.                        
                      In any event, we agree with the Examiner that obtaining these distinct,                
                preliminary measurements from the infrared sensors (and subsequent                           
                averaging) would, at least implicitly, involve pulsing the sensors in the                    
                manner shown in Figure 6 of the incorporated Wood ‘419 disclosure.  The                      
                issue, then, is whether these preliminary measurements occur during a                        
                “frame time” as claimed giving the term its broadest reasonable                              
                interpretation.                                                                              
                      To interpret the term “frame time,” we first turn to Appellant’s                       
                Specification.  According to the Specification, “‘frame time’ refers to a time               
                in which a microbolometer array produces each complete picture or image of                   
                an object being viewed” (Specification 2:6-7) (emphasis added).4                             

                                                                                                            
                4 See also Specification 9:24-26.                                                            

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