Appeal No. 2003-1442
Application No. 09/359,037
charging and triggering beams taught in this reference appears to
be selectively enabled rather than at least one being continu-
ously enabled. The teaching, for example at the bottom of column
1, indicates that it was known in the art to use a scanning-based
system for each of the two types of beams. This is consistent
with the switchable shutter option associated with the switching
means 60 discussed at the top of column 3, and especially the
teaching at column 3, lines 19 through 21. The alternative
teaching here also is that activation of an energy beam may be
done by selective activation of the power source, which in turn
also indicates that there is no continuous supply of the charging
beam as required by independent claims 1, 22 and 39 on appeal.
On the other hand, we reach a decision to affirm the
rejection of independent claim 40 since this claim merely
requires that the supplying of the first radiant energy for
charging a luminescent material is not necessarily stated in the
claim to be continuously done. Moreover, the fact that the
radiant energy may be supplied by a constant source, as set forth
at the end of this claim, does not necessarily require that the
luminescent material is constantly illuminated with or by the
constant source. The teachings of the switching by use of a
shutter at column 3, lines 19 through 21 and the teachings of the
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