Ex Parte HOLTSLAG et al - Page 4


          Appeal No. 2000-1257                                                            
          Application 08/861,350                                                          

          on a wide ranging unclaimed scanning device with characteristics                
          such that the total thickness value is effectively boundless.                   
               We do not agree with any of these assertions by the                        
          examiner.  Our study of the specification as filed, which                       
          provides the basis on which the claimed invention must be                       
          interpreted, agrees with appellants' arguments made in the                      
          paragraph bridging pages 9 and 10 of the brief from which we                    
          quote:                                                                          
               The decrease of Strehl intensity is not subjective                         
               terminology.  (1) Strehl intensity is an objectively                       
               measurable quantity.  The Strehl intensity is the                          
               normalized maximum intensity of the radiation                              
               distribution of the scanning spot, and is a function of                    
               the amount of aberration: no aberration produces a                         
               Strehl intensity of 1, and large aberrations produce a                     
               Strehl intensity approaching zero (page 5, lines 11-                       
               13).  (2) Various factors in a player for the record                       
               carrier determine what is the maximum permissible                          
               decrease in the Strehl intensity.  The technical                           
               background to this problem is described at page 4, line                    
               30 through page 5, line 4.  Lines 5-15 of page 5                           
               describe the standardized parameter known as Strehl                        
               intensity, and make clear how it is determined and the                     
               significance of various values.                                            
               Thus, it appears that the Strehl intensity is well known and               
          somewhat standardized to the artisan in the art in question and                 
          therefore would have a reasonably definable meaning to the                      
          artisan in light of the above-noted precedent.  Of particular                   
          note are the features recited in independent claims 22 and 23,                  
          which define explicitly the value of "r" to be respectively 0.05                


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