Ex Parte HUNT et al - Page 5




               Appeal No. 2002-0515                                                                                                  
               Application No. 09/222,092                                                                                            


                       The Examiner has found that DeVries discloses an apparatus that comprises a UV                                
               light source, a filter or set of filters, a lens, a camera and a means for correlating the                            
               ultraviolet fluorescence data collected from the sample.   Specifically the Examiner states:                          
                       In regard to claims 1, 2, 6, 7, 9, 11, and 12, DeVries et al. disclose an                                     
                       apparatus comprising:                                                                                         
                       (a) a source (e.g., a lamp) that illuminates with long wavelength ultraviolet                                 
                       light (e.g., 365 nm) a composite-forming material whereby a binder (i.e., resin)                              
                       has been applied (column 7, lines 9-14);                                                                      
                       (b) a filter or filter system which removes the illumination ultraviolet light but                            
                       allows the longer wavelength fluorescent light to pass (column 7, lines 11-31);                               
                       (c) a lens (i.e., stereoscope) for imaging (column 7, lines 15-18);                                           
                       (d) a camera (e.g., a camera that produces color images) which detects the                                    
                       image formed by the lens (i.e., stereoscope) and generates an electrical signal                               
                       (column 7, line 21; column 7, lines 50-63); and                                                               
                       (e) a means to correlate recorded images to binder (i.e., resin) dosage and                                   
                       distribution (column 7, line 50 to column 8, line 37).                                                        
               (Answer, pp. 3-4).                                                                                                    
                       Appellants in the Brief have not disputed that the apparatus of DeVries comprises the                         
               components identified by the Examiner.  Rather Appellants argue that DeVries contains                                 
               benzocyclobutene as a critical moiety of the binder and therefore the claimed invention is                            
               not anticipated by DeVries.  (Brief, pp. 4-5).                                                                        




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