Appeal No. 2006-1435 Page 7
Application No. 10/352,299
Trulson only teaches light within the visible spectrum or other
wavelengths (i.e., near ultraviolet or near infrared spectrum
[brief, page 12]. The examiner responds that the “other
wavelengths” of Trulson comprises UV wavelengths. The examiner
asserts that the near UV range disclosed by Trulson encompasses
the broad UV range claimed [answer, pages 10-11]. Appellant
responds that the teaching of near ultraviolet in Trulson
excludes UV [reply brief, page 5].
We will sustain the examiner’s rejection of claims 27,
29, 30 and 31. As both appellant and the examiner point out,
Trulson discloses that the source illumination can be within the
visible spectrum as well as “near ultraviolet” and “near
infrared” spectrum [column 6, lines 22-25]. The ultraviolet
wavelength range runs from about 4-400 nanometers. It is loosely
divided into the near (400-300 nm), far (300-200 nm) and extreme
(below 200 nm) ultraviolet regions . Thus, the phrase “near1
ultraviolet” is a technical term that refers to ultraviolet
radiation in the near ultraviolet region. Since near ultraviolet
is a portion of the overall ultraviolet wavelength range, we
agree with the examiner that the phrase “near ultraviolet” in
Trulson meets the claimed “ultraviolet light.”
1See for example McGraw-Hill Encyclopedia of Science &
Technology, 7 Edition, Volume 19 (ULC-ZYG), page 20th
(Ultraviolet radiation), 1992 by McGraw-Hill, Inc.
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