Appeal No. 95-2948 Application 07/833,664 DECISION ON APPEAL This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of claims 1-4 and 18-22, all of the claims pending in the application. Claims 5-13 and 15 are now indicated to be allowable (Examiner's Answer, page 1). Claims 14, 16, and 17 have been cancelled. The invention is directed to an optical scanner which may be used in a bar code reader. Claim 1 is reproduced below. 1. An optical scanner comprising: a light beam source; a vibrating element having at least two modes of vibration respectively in at least two planes, said vibrating element having respective resonant frequencies associated with each of the modes of vibration which are not integral multiples of each other; means for driving said vibrating element at substantially its resonant frequency in each of said two modes to cause it to thereby rotate said vibrating element in said at least two planes; and a scanning surface which receives and reflects a light beam from said source and which moves in association with movement of said vibrating element. The examiner relies on the following references: Singh et al. (Singh) 5,132,524 July 21, 1992 (filed May 21, 1990) Dvorkis et al. (Dvorkis) 5,168,149 December 1, 1992 (filed May 8, 1990) Bard et al. (Bard) 5,170,277 December 8, 1992 (CIP of an application filed May 13, 1991, which is a CIP of an application filed May 11, 1988) - 2 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007