Ex parte MORIMURA et al. - Page 7




          Appeal No. 1999-2760                                                        
          Application 08/773,304                                                      


          motivation for the skilled worker to have added the                         
          photosensitizer disclosed for use in the  Harmer system to the              
          system of Engen.                                                            
               The rejection of claim 23 therefore will not be                        
          sustained.  The rejection of claim 18, the other independent                
          claim included in this rejection, will not be sustained for                 
          the same reasons; likewise, we will not sustain the rejection               
          of dependent claims 19 to 22 and 24 to 28.                                  
          Rejections (2) and (3)                                                      
               To meet the additional limitations recited in the claims               
          subject to rejections (2) and (3), the examiner adds Murakami               
          for rejection (2), and further adds Hibbard for rejection (3).              
          However, since neither of these references overcome the above-              
          noted deficiencies of the Engen/Harmer combination, rejections              
          (2) and (3) will not be sustained.                                          





          The Morimura Declaration                                                    
               It should be evident from the foregoing that we have                   


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