Ex Parte LEMASTERS - Page 12



          Appeal No. 2001-2201                                                        
          Application .09/065, 997                                                    

          discussed above, Kino and Tanaami also teach placing the baffle             
          behind the pinhole.  Therefore since Kino and Tanaami teach                 
          placing the baffle behind a detecting pinhole, these baffles,               
          while reducing stray light, also will function to block out-of-             
          focus light and thus improve z-axis resolution as recited in                
          claim 5.                                                                    
               Finally, the Examiner’s statement that the baffles of Kino             
          and Tanaami are adjusted “at some point” to be aligned with the             
          optical axis in order to function properly to screen out stray              
          light is persuasive.  See Examiner’s Answer, page 4, lines 7                
          through 10.  In order for the baffle to function properly to                
          screen out stray light as taught by Kino and Tanaami, the baffle            
          must be adjustable until the proper position or alignment of the            
          baffle to reduce stray light is determined.  Additionally,                  
          Appellant’s specification on page 4, lines 21 through 23 do not             
          provide any particular structure used to describe how the baffle            
          is adjustable in all dimensions for alignment.  As such, the                
          Examiner has presented the requisite factual findings that “the             
          position of said baffles relative to the pinhole is adjustable in           


          all dimensions for alignment” as recited in claim 5.  We thus               
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