Ex Parte PERRY et al - Page 10




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

          process and that the optical emissions are proportional to the              
          amount of material removed which is a function of incidence                 
          fluence (Id., column 1, lines 3-9).                                         
               However, Pronko discloses a system producing pulses with an            
          energy of 300µJ (p. 106, column 1, line 19) focused on an area of           
          ~6.0µm.  In the examples, the pulses contain ~40 nJ (p. 108,                
          column 2, line 16) or 250nJ (page 109, column 1, line 6).  Both             
          the examiner and the appellants appear to concur that these                 
          amounts are lower intensity (< 1010-1011 W/cm2)(Appeal Brief, page          
          12, lines 13-16)(about 1.4 x 1010 W/cm2)(Paper #5, page 3, lines            
          15-16) than that required by claims 2 and 11 (1012 W/cm2).                  
               The minimum intensity of claims 1 and 10 is not expressly              
          recited other than by the functional limitation of the                      
          requirement of hydrodynamic expansion of plasma.  The                       
          specification submits that such values are typically 1014 W/cm2             
          for 100 femtosecond pulses (page 13, lines 9-10) but also states            
          that the minimum laser focused requirement is 1012 W/cm2(page 8,            
          lines 7-12).  Consequently, we interpret claims 1 and 10 as also            
          requiring a minimum focused laser irradiance of greater than 1012           
          W/cm2.                                                                      
               The examiner is of the opinion that a simple power increase            
          is obvious in order to form deeper features where needed, or to             
          speed machining when using repetitive pulses at a single location           






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