Ex parte GOTO - Page 2





            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)                                                                         



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