Appeal No. 1997-0693
Application 08/226,684
As to the rejection of independent claim 1 under 35
U.S.C.
§ 102 in light of Shinma, this claim requires that the dye
donor element have one or more dye frames. The first stated
light source illuminates a dye frame and its corresponding
first photo detector receives light emitted by this first
light source which is recited to pass through the dye frame.
Two additional light sources and their corresponding photo
detectors are recited to be located in the margin of the dye
donor element and responsive to repetitive detection areas in
this margin portion of the dye donor element.
We initially reverse this rejection because, as stated by
appellant at page 1 of the reply brief, Shinma “fails to teach
that one of the source/detection pairs is positioned in the
dye frame area rather than in the margin.” According to
Shinma's teachings and showing in accordance with the Figures
8, 9, 12,
13 and 16, the corresponding markers are located along the
length at the edge for only two light source/detector
arrangements. The claim requires three of such paired
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