Appeal No. 2006-3152 Page 6
Application No. 10/168,492
erasing means such that the erasing means is switched into an on state such that the
erasure radiation is output onto the storage layer at least during the entire period between
the reading out of the information of a first image stored in the storage layer and the
subsequent storage of information of a second image. As argued by appellants, the
secondary erasing light (41, 113, 213, and 316, 317) in all embodiments of Umemoto
operates only during a period just before a new image is to be recorded. Since claim 29
recites this operation for the step of operating erasure radiation, we agree with appellants
that Umemoto fails to suggest this operation. The examiner’s assertion that Umemoto
turns off the secondary light only to save energy is not supported by anything within the
four corners of the Umemoto reference.
Claim 18, however, presents a different story. As noted by the examiner, claim 18
does not recite that the erasure radiation is switched into an on state such that the erasure
radiation is output onto the storage layer at least during the entire period between the
reading out of the information of a first image stored in the storage layer and the
subsequent storage of information of a second image, but instead, claim 18 recites that
that the erasure radiation can be switched into an on state such that the erasure radiation
is output onto the storage layer at least during the entire period between the reading out of
the information of a first image stored in the storage layer and the subsequent storage of
information of a second image. The examiner notes that the recitation “can be” only
requires a capability of performance and not an actual performance of the function. The
examiner has also demonstrated that the secondary light sources of Umemoto are capable
of being switched on and left on, and during such a situation, Umemoto would meet the
claimed invention. Although capabilities of the prior art are not normally enough to meet
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