Ex Parte ALVES et al - Page 2




          Appeal No. 2003-1486                                                        
          Application No. 09/152,016                                                  


               means for generating a light beam;                                     
               a rotatable mirrored surface positioned to directly receive            
          the generated light beam from the light generating means and                
          direct the generated light beam towards the object and the                  
          mirrored surface positioned to directly receive light reflected             
          by the object; and                                                          
               means for detecting light positioned to directly receive the           
          directed reflected light from the mirrored surface; and                     
               wherein as the rotatable mirrored surface rotates a cross              
          section of the rotatable mirrored surface changes and the                   
          detector is sized and positioned to be fully illuminated in any             
          rotation of the mirrored surface without focusing the directed              
          reflected light when light reflects from the object.                        
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Frontino                 5,010,242                Apr. 23, 1991             
               Claims 4 through 11 and 13 through 18 stand rejected under             
          35 U.S.C. § 112, second paragraph, as being indefinite.                     
               Claims 4, 6 through 9, 11, 13, 14, and 16 stand rejected               
          under 35 U.S.C. § 102(b) as being anticipated by Frontino.                  
               Claims 5, 10, 15, 17, and 18 stand rejected under 35 U.S.C.            
          § 103 as being unpatentable over Frontino.                                  
               Reference is made to the Examiner's Answer (Paper No. 23,              
          mailed November 19, 2002) for the examiner's complete reasoning             
          in support of the rejections, and to appellants' Brief (Paper No.           



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