Appeal No. 1997-0030
Application No. 08/180,767
for controlling relative intensities of plural wavelengths of
the end output laser beam of Piper. In this regard, since the
output of Piper is of a particular wavelength, there would be
no plural wavelengths to control. Moreover, modifying Piper’s
system to provide an output having plural wavelengths would
run counter to Piper’s expressly stated objective of providing
an output of a particular wavelength that is closely matched
to the absorption band of the marker dye used to label the
tumor.
As to providing means for controlling the relative
intensities of the plural wavelengths at a location internally
of Piper’s system (e.g., at a location between the laser
discharge tube containing different active media and mirror
1), we appreciate that between the laser discharge tube and
the mirror 1 Piper’s light beam comprises plural wavelengths.
Nevertheless, we view such a modification of Piper to be based
on impermissible hindsight rather than on anything fairly
taught by Piper and/or Kung. In the first place, there is no
suggestion in Piper or Kung that Piper’s system might be
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