Ex Parte PERRY et al - Page 6




          Appeal No. 2001-0238                                                        
          Application No. 08/859,020                                                  

               connection with an exemplary dental drilling application, it           
               will be clear to those having skill in the art that the                
               laser system has operational characteristics that are                  
               suitable for a very wide range of material removal                     
               applications.  For example, in the treatment of ear, nose,             
               and throat disorders, volumetric material removal is                   
               required in various surgical procedures, such as middle ear            
               bone surgery, cholesteatoma, skull and jaw bone surgery,               
               selective removal of malignant tissue, and tympanic membrane           
               surgery.                                                               
               Finally, at page 32, line 31 – page 33, line 3, we see:                
               Those skilled in the art will appreciate that the foregoing            
               examples and descriptions of various preferred embodiments             
               of the present invention are merely illustrative of the                
               invention as a whole, and that variations in wave length,              
               pulse duration, pulse repetition rate, as well as beam                 
               energy density, may be made within the spirit and scope of             
               the invention.  Accordingly, the present invention is not              
               limited to the specific embodiments described herein, but              
               rather is defined by the scope of the appended claims.                 
               The appellants assert that this disclosure in the parent               
          case “described the use of the invention for general material               
          removal and for micro-machining;” that the claims in the parent             
          claimed the invention in a broad sense; and that all the                    
          parameters of the invention claimed in the application on appeal            
          are shown in the parent application.  (Appeal Brief, page 10,               
          line 18 – page 11, line 4).  We disagree.                                   
               Claim 1 has several recited features, including using a                
          pulsed laser output beam from a solid state laser on a metal or             
          alloy workpiece to oblate into plasma 0.1 to 1 micron of the                
          metal or alloy by using a plurality of laser pulses which have a            
          pulse repetition rate greater than 10 Hz and a wavelength in the            






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