Appeal No. 2001-1342
Application 08/994,821
denials and conclusory statements, however, are not sufficient to
establish a genuine issue of material fact.” Dembiczak, 175 F.3d
at 999, 50 USPQ2d at 1617, citing McElmurry v. Arkansas Power &
Light Co., 995 F.2d 1576, 1578, 27 USPQ2d 1129, 1131 (Fed. Cir.
1993).
We find that Barkan teaches the use of two LED light sources
and one detector. See figure 6 and column 10, lines 61 through
66. Barkan teaches that the purpose is to provide two spots that
can be closely aligned and substantially concentric on the
surface of the optical information 20. See column 10, line 66
through column 11, line 3. Barkan discloses the purpose of these
two spots is to improve a wider range of working angle. As the
angle varies, one spot should be sufficiently in focus to provide
a valid read, and even if neither is sufficient, information from
both spots can be combined to accurately decode the information.
See column 3, lines 40 through 47. Barkan does not teach or
suggest overlying bar code dataforms. Barkan does not teach or
suggest the use of two illumination sources having first
wavelength and second wavelength illumination. Barkan is not
concerned with alternately providing a single two dimensional
image assembly including a two dimensional photo array of data
13
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