Ex parte ALFANO et al. - Page 4




          Appeal No. 95-3911                                                          
          Application No. 08/189,124                                                  


               We have carefully considered the entire record before us,              
          and we will reverse the obviousness rejections of claims 1                  
          through 4 and 6 through 8.                                                  
               Makino discloses a fluorescent microscope system (Figures              
          6 and 7) that uses fluorescence to determine a calcium                      
          concentration in a sample cell 10.  A fluorescent probe (e.g.,              
          fura-2) is administered to the sample cell 10, and the sample               
          cell 10 then emits fluorescence light by radiation of the                   
          excitation light from illumination apparatus 1 (column 8,                   
          lines 7 through 19).  The fluorescence light is analyzed to                 
          determine the calcium concentration (column 8, lines 20                     
          through 23; column 10, lines 32 through 34).  A printer 17                  
          produces a hard copy of color image data, a computer 15 stores              
          the color image data, and monitor 16 provides a view of the                 
          color image data (column 10, lines 27 through 35).                          
               Modell discloses a system and method for sensing a target              
          substance within a tumor 86 (Figure 2).  A photodynamic                     
          sensitizer (e.g., a dye such as hematoporphin derivative                    
          (HPD)) is injected into the area where the tumor is located.                
          When the area is irradiated with light, the higher                          
          concentrations of photodynamic sensitizer within the malignant              
                                          4                                           





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