Ex Parte Russell - Page 4

                Appeal 2006-3333                                                                             
                Application 10/324,601                                                                       
                            (a)  creating an airborne field of luminescent particles by using                
                a particle generator connected to a reservoir containing luminescent                         
                particles; and                                                                               
                            (b)  tracing a visible path through said field by using a wand                   
                that changes an intensity of at least some of said airborne luminescent                      
                particles by causing a chemical reaction at said at least some airborne                      
                luminescent particles.                                                                       
                      40.  A handheld wand, comprising:                                                      
                            (a)  a particle generator configured to create an airborne field of              
                luminescent particles;                                                                       
                            (b)  a source of activating agent for changing a luminance of                    
                some of said luminescent particles by causing a chemical reaction; and                       
                            (c)  an opening for outputting a stream of said luminescent                      
                particles while said wand is being moved in a spatial manner by a user.                      

                      The Examiner relies on the following prior art reference as evidence                   
                of unpatentability:                                                                          
                Bryan    US 6,247,995 B1   Jun. 19, 2001                                                     

                      The rejection as presented by the Examiner is as follows:                              
                   1. Claims 1, 9, 10, 13-18, 24-32, and 35-40 are rejected under 35 U.S.C.                  
                      § 102(b) as being unpatentable over Bryan.                                             

                   Rather than reiterate the respective positions advocated by the Appellant                 
                and by the Examiner concerning these rejections, we refer to the Brief and                   
                the Reply Brief, and to the Answer respectively for a complete exposition                    
                thereof.                                                                                     


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