Appeal No. 95-3911
Application No. 08/189,124
47 through 53). According to Yoo (column 8, line 67 through
column 9, line 2), “the introduction of a dye into a random
medium will preferentially absorb the multiple scattered light
component over the ballistic portion.”
Based upon the absorption teachings of Yoo, the examiner
is of the opinion that it would have been obvious to one of
ordinary skill in the art to provide that the scattering
medium cell of Makino and the scattering medium tissue in
Modell “absorb the luminescent emission” of the object in view
of the “improved imaging through the suppression of scattered
light components as suggested by Yoo et al” (Answer, pages 3
and 4). In response to appellants’ arguments in the brief,
the examiner concludes (Answer, page 5) that “[a]ppellant[s]
can point to no physical reason why the absorptive quality of
a dye would cease if the light were a fluorescent emission
rather than a reflection or scattering.”
In response, appellants argue (Reply Brief, pages 1 and
2) that:
Appellants respectfully disagree with the Examiner’s
assertion that the absorptive quality of a dye would
be unaffected if the light to be absorbed were a
fluorescent emission rather than a reflection or
scattering of illuminating light. As apparently
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