Appeal No. 2001-1342
Application 08/994,821
imaging assembly and energizes the first illumination source to
image and decode the first dataform while the second illumination
is deenergized and actuates the image assembly and energizes the
second illumination source to image the second dataform while the
first illumination is deenergized. See pages 12 through 21 of
Appellants’ brief. Appellants further argue that Xu does not
disclose, teach or suggest, nor does it even contemplate reading
overlying dataforms utilizing two alternately energizing data
sources having different wavelengths. Appellants argue that
there is no suggestion or incentive to modify Xu with the
teachings of Berson or Barkan to render Appellants’ claims
obvious. See Appellants’ reply brief 3.
The Examiner agrees that Xu does not teach, disclose or
suggest reading overlying dataforms utilizing alternately
energizing illumination sources having different wavelengths of
illumination to image and decode the first dataform using the
first illumination source and then to image and decode the second
dataform using the second illumination source. See page 4 of
Examiner’s answer as well as pages 3 and 4 of the final
rejection. The Examiner argues that Berson teaches a switching
mechanism 56 to enable sequential reading of the indicia. See
pages 4 through 6 of the Examiner’s answer. The Examiner argues
8
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