Appeal No. 2003-1442
Application No. 09/359,037
extent this portion of the reference indicates that a
simultaneous illumination of the blue and infrared beams would be
necessary for readout operations, this clearly teaches that the
infrared beam does not selectively illuminate or radiate the
luminescent material as also required by independent claims 1, 39
and 40 on appeal. The selective supplying of the infrared
radiation or second radiant energy of independent claim 40 is
also required to be periodically supplied by this claim and not
necessarily met by this readout embodiment in Storti.
The additional teaching of the Storti reference that the
material may be selectively used to turn off or otherwise quench
the emission of visible light from a luminescent material does
not teach the requirement of claims 1, 39 and 40 to selectively
control the emission of visible light.
Therefore, the examiner’s rejection of claims 1, 2, 6, 7,
39 and 40 as being anticipated by Storti under 35 U.S.C. § 102 is
reversed.
On the other hand, we sustain the rejection of claims 12,
13, 15 through 17, 42, 45, 48, 49 and 57 as being anticipated by
Johnson within 35 U.S.C. § 102(b).
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