Ex Parte WANG et al - Page 5




          Appeal No. 2003-1442                                                        
          Application No. 09/359,037                                                  

          admitted prior art at the bottom of column 1 using scanning                 
          systems at least clearly indicate that the source of the energy             
          beams is constantly enabled but not necessarily indicating that             
          the luminescent material itself is constantly illuminated.                  
               As to this first stated rejection, we reverse the rejection            
          as to independent claim 1, 22 and 39 as well as their respective            
          dependent claims.  On the other hand, we sustain the rejection of           
          independent claim 40 and its respective dependent claim 55, which           
          has not been argued.                                                        
               We turn now to the second stated rejection of claims 1, 2,             
          6, 7, 39 and 40 as being anticipated by Storti.  Generally, for             
          the reasons set forth by appellants in the brief and reply brief            
          we reverse the rejection of each of these claims and focus now on           
          the recitations of independent claims 1, 39 and 40.                         
               To the extent that Storti indicates that the storage                   
          operation may occur, the readout operational functions at the               
          bottom of column 4 beginning at line 47 indicate that the ability           
          of the known luminescent material to store information does not             
          require a continuous illumination of the luminescent material as            
          required by independent claims 1 and 39, and the feature of the             
          constant operational source of radiant energy of independent                
          claim 40 is not indicated as well.  On the other hand, to the               

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