Ex Parte Mazumder et al - Page 4




          Appeal No. 2004-2034                                                        
          Application No. 09/917,096                                                  


               There is no dispute that Lewis, like appellants, discloses a           
          method for direct metal deposition that is controlled by a                  
          computer-aided design program in order to impart different                  
          properties to the article being coated, which article may be a              
          tool or die.  As recognized by the examiner, Lewis fails to teach           
          the presently claimed optical monitoring of a physical dimension            
          which allows for the feedback control of the dimension.  However,           
          we fully concur with the examiner that Jeantette evidences the              
          obviousness of employing such a feedback control system in the              
          process of Lewis.  As explained by the examiner, the reference              
          “teaches that optical monitoring for feedback control is used in            
          order to prevent variations in layer thickness when depositing              
          powder into a melt pool that a laser creates (column 8, lines               
          28-60)” (page 4 of answer, last paragraph).  While appellants               
          maintain that the feedback system of Jeantette is very different            
          from that of appellants, in that a triangulation system is used             
          to estimate the layer of thickness as a function of energy input,           
          we are in complete agreement with the examiner that there is                
          nothing in the claimed step of “automatically controlling the               
          physical dimension . . .” which serves to distinguish over the              
          feedback control system of Jeantette described at column 8,                 


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