Appeal No. 2001-0390
Application 08/932,238
performing the recited functional limitations. RCA Corp. v.
Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L.
Gore and Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 1554,
220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851
(1984).
The examiner has indicated how he reads the invention of
claim 1 on the admitted prior art [answer, page 5]. Appellants
argue that none of the admitted prior art devices shown in
Figures 1-6B have light emission portions which substantially
overlap corresponding light receiving elements as claimed.
Specifically, appellants argue that the light emission portions
relied on by the examiner (fibers 1301, windows 1510 and opening
portion 1625) are not light emission portions as defined in the
claims. Appellants argue that these elements relied on by the
examiner simply pass light from the document to the light
receiving elements but do not emit light [brief, pages 8-11].
The examiner responds that at least one of the optical fiber
array 1301 or one of the light emission portions is substantially
aligned and/or overlapped with a corresponding light receiving
element [answer, page 8].
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