Ex parte SARRAFZADEH-KHOEE - Page 3




          Appeal No. 1996-1579                                                        
          Application 08/250,489                                                      



               It is further noted that the imaging in Figures 3 and 5                
          of Lukasiewicz appears to be in the context of the structure                
          10 and not with respect to the surface of the photosensitive                
          material 12 placed thereupon.  In any event, the claim does                 
          not distinguish thereover even if the imaging was with respect              
          to the surface of the glued photosensitive material 12 to the               
          underlying surface of the structure 10 to be examined. Column               
          2, line 15 of McDonach begins a discussion that teaches that                
          the actual regular surface itself of the object to be examined              
          may alternatively have therein a 2-dimensional periodic                     
          pattern rather than relying upon the need for attaching the                 
          grating thereto.                                                            
               In the absence of the surface itself in McDonach                       
          providing the regular 2-dimensional periodic pattern, the                   
          basic teaching in McDonach is that the sensing is with respect              
          to deformations of the grating.  In any event, the teachings                
          in McDonach are still applicable to the subject matter of                   
          claim 1 on appeal since we emphasize again that the laser                   
          beams illuminate the spot on an object surface to be measured               
          and that the reflected speckle images are from the spot and                 

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