Ex parte STEWART - Page 7




          Appeal No. 1997-0030                                                        
          Application No. 08/180,767                                                  


          Implicit in the above is the examiner’s determination that the              
          thus modified device of Piper would correspond to the subject               
          matter of claim 1 is all respects.                                          


               Piper, the examiner’s primary reference, is directed to a              
          dye laser “intended for the production of a pulsed light                    
          output at a particular wave length” (page 1, lines 3-5).  One               
          particular application of the dye laser of Piper is in the                  
          treatment of tumors previously labeled with suitable dyes                   
          (page 1, lines 22-29).  In this situation, the wavelength                   
          “must be chosen within narrow limits established by the need                
          to obtain adequate penetration of the tissue and by the fact                
          that the wavelength must lie within the absorption band of the              
          dye used to label the tumor” (page 2, lines 6-9).  To this                  
          end, Piper teaches a means for controlling the output of a                  
          laser by preferentially stimulating the emission of a                       
          particular wavelength (page 4, lines 27-33).  In particular,                
          Piper provides a single laser discharge tube containing                     
          different active media (e.g., copper and gold) such that the                
          output of the tube contains frequencies characteristic of each              
          media.  In one example, illustrated in Figure 2, Piper                      
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