Ex parte LAI - Page 5




          Appeal No. 98-2187                                                          
          Application 08/051,033                                                      


          view of Bille, we note that while Lin (col. 7, lines 39-48)                 
          discloses laser pulses used in optical microsurgery that are                
          less than 1 picosecond (i.e., of subpicosecond duration), and               
          Bille teaches laser pulses of “approximately one (1)                        
          picosecond” (col. 4, lines 57-58), neither of these references              
          teaches or fairly suggests ablation of organic material (e.g.,              
          ablation of eye tissue) with a laser by generating laser                    
          pulses having an energy density of less than 5FJ/(10Fm)² and a              
          duration in a range of about 0.01 picoseconds to less than 1                
          picosecond.  In our opinion, the examiner’s finding (answer,                
          pages 3-4) with regard to Bille’s teaching of ablation of                   
          tissue, ablation of eye tissue and the use of power densities               
          in the ranges claimed, is in error.  As for Lin, this                       
          reference expressly notes that for short pulses in the range                
          of subpicosecond to a few picoseconds in duration, and high                 
          repetition, “very high beam densities can be achieved” (col.                
          7, lines 44-45).                                                            


          Like appellant (brief, page 6), we have determined that                     
          Bille, at least generally, teaches energy densities that are                
          higher than the “less than 5FJ/(10Fm)²” set forth in                        

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