Ex parte STEWART - Page 6




          Appeal No. 1997-0030                                                        
          Application No. 08/180,767                                                  


          wavelengths for simultaneous use in a medical procedure, and                
          “means for controlling populations of multiple lasing energy                
          level transitions to thereby control relative intensities                   
          among the coaxially transmitted wavelengths, thereby to                     
          providing a means for controlling total intensities of such                 
          transmitted wavelengths.”  Each of claims 13, 19 and 29, the                
          other independent claims on appeal, contains similar                        
          limitations.                                                                


               The examiner considers that Piper discloses a device as                
          set forth in claim 1 except for the means for controlling the               
          relative intensities of the transmitted wavelengths.  The                   
          examiner further considers that Kung discloses controlling the              
          intensity of each of a plurality of coaxially transmitted                   
          laser beams and the ratio thereof.  Based on the above, it is               
          the examiner’s foundation position that it would have been                  
          obvious to one of ordinary skill in the art to include in                   
          Piper a means for controlling the individual intensities of                 
          the metal vapor laser thereof “since this enables the                       
          treatments to be carried out under the most desirable                       
          irradiating conditions, as taught by Kung” (answer, page 3).                
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