Ex Parte SIMON et al - Page 2



          Appeal No. 2003-0735                                                        
          Application 09/238,859                                                      
          been withdrawn.  Accordingly, only the Examiner’s 35 U.S.C.                 
          § 103(a) rejection of claims 2, 4, 5, 7, and 8 is before us on              
          appeal.                                                                     
               The claimed invention relates to a laser scanning microscope           
          which includes an acousto-optic tunable filter (AOTF) in the                
          laser input-coupling beam path.  Further associated with the AOTF           
          is a temperature gauge which is connected to a cooling and                  
          heating device by an electronic controller which functions to               
          maintain the temperature of the AOTF and its environment at a               
          constant value.                                                             
               Representative claim 2 is reproduced as follows:                       
               2.   In a laser scanning microscope with an AOTF (acousto-             
               optic tunable filter) in the laser input-coupling beam path,           
               an improvement comprising:                                             
                    a temperature gauge being provided in one of the                  
               environment of the AOTF and the vicinity thereof and                   
               connected therewith;                                                   
                    means for one of cooling and heating of the AOTF and              
               its environment; and                                                   
                    wherein said means for one of heating and cooling                 
               includes regulation of said AOTF and its environment to a              
               constant temperature value.                                            
               The Examiner relies on the following prior art reference:1             
          Kemeny et al. (Kemeny)        5,039,855           Aug. 13, 1991             

               1 In addition, the Examiner relies on the admitted prior art at pages 1
          and 2 of Appellants’ specification.                                         
                                          2                                           




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