Ex Parte Struye et al - Page 3




              Appeal No. 2006-1434                                                                                       
              Application No. 10/356,621                                                                                 

                     We refer to the Final Rejection (mailed Dec. 28, 2004) and the Examiner’s                           
              Answer (mailed Jul. 27, 2005) for a statement of the examiner’s position and to the Brief                  
              (filed May 16, 2005) for appellants’ position with respect to the claims which stand                       
              rejected.                                                                                                  


                                                       OPINION                                                           
                     The examiner finds that Huston discloses the subject matter of instant claim 1                      
              except for the composition of the stimulable phosphor.  The examiner finds that                            
              Papadopoulos describes such stimulable phosphors.  The examiner further finds                              
              motivation from the prior art to combine the teachings of the references, concluding that                  
              the subject matter as a whole would have been obvious to the artisan at the time of                        
              invention.  (Answer at 3-4.)                                                                               
                     Appellants argue in the Brief that the references, taken alone or together, fail to                 
              teach a storage phosphor embedded in a flexible binder.  Appellants’ specification                         
              teaches that embedding the phosphors in a flexible binder will reduce the influence of                     
              forces made upon the phosphors.  (Spec. at 12 final ¶ through 13 first full ¶.)                            
                     Appellants do not argue the limitations of any of claims 1-6, 19, and 20                            
              separately.  We will thus decide the appeal with respect to the claims on the basis of                     
              claim 1.  See 37 CFR § 41.37(c)(1)(vii).                                                                   
                     The preamble of instant claim 1 purports a method for proving authenticity of an                    
              item, wherein the item is provided with “storage phosphor particles embedded in a                          
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