Ex parte JOSEPH - Page 11




          Appeal No. 97-1631                                         Page 11           
          Application No. 08/245,267                                                   


          light  trained on a photoelectric cell.  Id. at 13-21.  If                   
          enough apertures match, the light beam reaches a sufficient                  
          intensity to energize the cell, which in turn causes the frame               
          containing the matching apertures to be flashed upon a screen                
          and then recorded on photographic film for later reference.                  
          Col. 3, ll. 51-59.                                                           


               Comparison of the claim’s language to the reference’s                   
          teachings evidences that Badgley fails to teach or suggest the               
          claimed receiving means and the step of receiving light.  The                
          claimed indicia are read by “receiving light reflected”                      
          therefrom.  In contrast, Badgley uses light passing through                  
          the apertures to detect a matching record.  The record is read               
          by projecting it on a screen.  Therefore, we find that                       
          Badgley, alone or in combination with Guthmueller or Abe,                    
          fails to teach or suggest the receiving means or step of                     
          receiving light as specified in claims 1 and 20, respectively.               
          Claims 2-4 and 17 depend from claim 1.  As such, neither                     
          Guthmueller, Abe, nor Badgley, alone or in combination,                      
          teaches or suggests the invention specified in these claims.                 









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