Ex parte BENTON - Page 3




          Appeal No. 1998-2465                                                        
          Application No. 08/599,192                                                  


               Reference is made to the Final Rejection (Paper No. 8,                 
          mailed September 25, 1997) and the Examiner's Answer (Paper                 
          No. 12, mailed April 1, 1998) for the examiner's complete                   
          reasoning in support of the rejection, and to appellant's                   
          Brief (Paper No. 11, filed February 27, 1998) and Reply Brief               
          (Paper No. 13, filed June 5, 1998) for appellant's arguments                
          thereagainst.                                                               
                                       OPINION                                        
               We have carefully considered the claims, the applied                   
          prior art references, and the respective positions articulated              
          by appellant and the examiner.  As a consequence of our                     
          review, we will reverse the obviousness rejection of claims 1,              
          3, 4, 7, 13 through 19, 21 through 23, and 28.                              
               As a preliminary matter we note that all of the claims                 
          recite a prism comprising a fluoropolymer material and a light              
          source with a center wavelength in the infrared range.  As all              
          arguments pertain to the obviousness of combining an infrared               
          light source with a fluoropolymer prism, the discussion below               
          applies to all of the claims.                                               
               The only issue in this case is whether it would have been              
          obvious to use the infrared LED of Beauvais as the light                    
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