Appeal No. 97-0165 Page 3
Application No. 08/222,808
The examiner contends that Bermbach teaches the subject
matter of instant claim 7 but for the light barrier means for
activating the x-ray source. The examiner relies on
Pantelleria for the teaching of automatic triggering of an x-
ray source in an inspection station, pointing to Pantelleria’s
light source 18 and photosensor 20. The examiner gives no
patentable weight to “the manner in which the claimed apparatus
may be operated such as the presence of a truck or a driver”
[answer-page 3]. With regard to the specifically claimed
energy and current values, the examiner takes official notice
of Lambert’s law, contending that the construction of the truck
which is being inspected will dictate these values.
For their part, appellants take the position that it is
important to the claimed invention that the driver stay with
the truck during x-ray examination to provide for increased
productivity and throughput rate and that the low level of
energy and current of the x-ray source, in addition to not
activating the x-ray source until after the cab portion of the
truck has passed, permits the driver to stay with the truck
while being protected from harmful x-rays. Appellants argue
that the “drive path” of Bermbach is not the type of “drive
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