Ex parte SINOFSKY - Page 9




          Appeal No. 95-0065                                                          
          Application 07/568,348                                                      



          absorption as the wavelengths of the CO  laser or of lasers in              
                                                 2                                    
          the 2.7 to 3.1 µm range.                                                    
                    The Horn article, as the examiner points out, does                
          disclose the use of an erbium-YLF laser, which is one of the                
          lasers disclosed by appellant as useable in his invention.                  
          However, Horn's only reference to this laser is on page 338                 
          (quoted supra), and there he stated that it produces short                  
          pulses                                                                      
          at a wavelength of 1.228 µm, which is outside of appellant's                
          claimed range.                                                              
                    In the paragraph on page 340 which is quoted above,               
          Horn discloses certain criteria for a lens capsulotomy laser,               
          including, inter alia, high corneal transmission, low ocular                
          media transmission, and low retinal absorption.  Figs 3b and                
          3c on the same page show that a wavelength of 1.4 or 1.5 µm                 
          would meet the latter two criteria.  On the other hand,                     
          however, Fig. 3a shows that at Horn's recommended wavelengths               
          of 1.20    to 1.29 µm (1200 to 1290 nm), the corneal                        
          transmission is in   the 90% region, while at wavelengths of                
          1.4 to 2.2 µm corneal transmission is lower, with a peak of                 

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