Appeal No. 2005-0474 6
Application No. 09/966,484
across a cornea infringes a claim which requires “a light spot” and the particular subject
matter involving a spectrally dispersive element at issue in the instant application on
appeal.
In view of the above discussion, since the Examiner’s prima facie case of
anticipation has not been overcome by any convincing arguments from Appellant, the
Examiner’s 35 U.S.C. § 102(b) rejection of representative claim 1, as well as claims 3, 5, 6,
8, and 9 which fall with claim 1, is sustained. Therefore, the decision of the Examiner
rejecting claims 1-3, 5, 6, 8, and 9 is affirmed.
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