Ex parte ANDREWS - Page 2




          Appeal No. 1998-2463                                       Page 2           
          Application No. 08/598,854                                                  


          of the invention can be derived from a reading of exemplary                 
          claims 1 and 11, which are reproduced as follows:                           
               1.  A scanner, comprising:                                             
               a laser for emitting a laser beam having a wavelength                  
          which is a function of an electric signal;                                  
               a source for applying a variable electric signal to said               
          laser;                                                                      
               a rotating facet for sweeping the laser beam in a scan                 
          line; and                                                                   
               a wavelength dispersive element for receiving the laser                
          beam and for directing the laser beam onto the rotating facet               
          to form a spot;                                                             
               wherein said wavelength dispersive element is positioned,              
          and said source varies the electric signal to said laser such               
          that the spot tracks the rotation of said facet.                            
          11. A method of facet tracking comprising the steps of:                     
               passing a variable wavelength laser beam through a                     
          wavelength dependent dispersive element into a spot on a                    
          selected area of a rotating facet; and                                      
               varying the wavelength of the laser beam such that the                 
          spot follows the selected area as the facet rotates.                        


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Asada                       4,845,358          Jul.  4, 1989                
          Andrews                     5,363,126          Nov.  8, 1994                
          Appel et al. (Appel)        5,498,869          Mar. 12, 1996                
                                                  (filed Dec. 20, 1993)               

               Claims 1-5 and 11 stand rejected under 35 U.S.C. § 103 as              
          being unpatentable over Andrews in view of Appel.  Claims 6-                








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