Appeal No. 1999-1190
Application 08/481,367
established that Wu’s phrase “without significantly altering
the properties of the metal” means that there is alteration to
some extent of either all of the metal properties in general
or the phase of the metal in particular.
The examiner argues that the pulse duration of at least
1 millisecond in the appellants’ claim 1 is a result effective
variable (answer, page 6). Wu, however, teaches that the
pulse duration must be less than about 100 nanoseconds (col.
4, lines 35-40). The examiner does not explain how a teaching
that the pulse duration must be less than 100 nanoseconds
would have led one of ordinary skill in the art to use a pulse
duration which is greater than that by a factor of at least
10,000.
The examiner argues that the appellants’ recited direct
ejection of laser-generated melt pool liquid appears to be
more a function of power density than pulse duration (answer,
page 6), but the examiner has not established that Wu’s laser
power density is comparable to that of the appellants. The
examiner argues that Wu uses sufficient power density to
remove contaminants from the surface, see id, but has not
established that this power density is sufficient to cause
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