Ex Parte Arakawa - Page 6



          Appeal No. 2005-2140                                                        
          Application No. 09/943,355                                                  

          Although the device might be smaller in width by the                        
          substitution, the device will be larger in overall thickness.               
          Thus, we cannot sustain the rejection of claims 1 and 9 nor of              
          the claims grouped therewith, claims 2 through 5, 10 through 13,            
          and 17 through 20.  In addition, since claims 7 and 15 depend               
          from claims 1 and 9, respectively, we will not sustain the                  
          rejection of claims 7 and 15.                                               
               Regarding claims 6 and 14 and claims 8 and 16, neither                 
          Saotome I nor Ohyama cures the deficiency of the primary                    
          combination.  Accordingly, we cannot sustain the obviousness                
          rejections of claims 6, 8, 14, and 16.                                      
                        REJECTION UNDER 37 C.F.R. § 41.50(b)                          
               Under the provisions of 37 C.F.R. § 41.50(b), we enter the             
          following new grounds of rejection against appellant's claims.              
               Claims 6 and 14 are rejected under 35 U.S.C. § 112, second             
          paragraph, as being indefinite.  In claims 1 and 9, from which 6            
          and 14 ultimately depend, the stimulable phosphor sheet is formed           
          of a sheet-shaped transparent substrate and a stimulable phosphor           
          layer and the erasing light source is arranged on one side of the           
          sheet-shaped transparent substrate.  Claims 3 and 11 further                
          limit claims 6 and 14, respectively, by reciting that the erasing           
          light source is formed of a transparent sheet with light sources            
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