Ex parte ACKLEY - Page 14




          Appeal No. 1999-0236                                                        
          Application 08/624,173                                                      

               Sherman also does not disclose two laser diodes.                       
               Honda and Hanson do not cure the deficiencies of Sherman.              
          Honda discloses the use of two intersecting beams to indicate               
          the proper focus for the reading camera.  This is the same                  
          purpose as the laser diodes at a low intensity level for                    
          focusing in the claims.  However, the laser beam irradiators                
          in Honda are used only for focusing and not to illuminate the               
          symbol sufficiently for scanning.  The adjustable infrared                  
          diodes 9 in the illumination blocks 10 are used to illuminate               
          the symbol for scanning.  The laser beam irradiators operate                
          only at one intensity level.  Hanson discloses a pair of LEDs               
          that is used for scanning.  This is the same purpose as the                 
          laser diodes at a high intensity level for scanning in the                  
          claims.  However, a single pair of LEDs is not used for                     
          focusing at a fixed distance.  The plurality of pairs of LEDs               
          are used to focus at different distances.  The LEDs operate at              
          only one intensity level.  Thus, while Honda and Hanson                     
          disclose using a pair of LEDs for two different purposes,                   
          focusing and scanning, neither Honda or Hanson discloses                    
          operating the LEDS at a low intensity for focusing and at a                 
          high intensity for scanning the symbol.  Moreover, the                      

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