Ex Parte Huang et al - Page 5




          Appeal No. 2004-2277                                                        
          Application No. 09/886,760                                                  


          Together, the emitter and sensor units function to establish a              
          reference and to measure position deviations in order to provide            
          the accurate feedback necessary for positioning operations (see             
          column 6, line 49, through column 7, line 13).  The processing              
          unit is a computer or a microcontroller which receives the                  
          position information from the sensing unit for subsequent display           
          or for use as input in a closed-loop positioning system (see the            
          Abstract).                                                                  
               In combining the admitted prior art and Thomas to reject               
          independent claims 1 and 9, the examiner submits that it would              
          have been obvious to one of ordinary skill in the art at the time           
          the invention was made to provide the admitted prior art                    
          apparatus and method with the system taught by Thomas in order to           
          align the prior art loadport and wafer cassette delivery system             
          (see pages 4 and 5 in the answer).                                          
               The appellants counter that this rejection is unsound                  
          because the applied prior art, and particularly Thomas, fails to            
          respond to the above noted claim limitations.  According to the             
          appellants, “Thomas et al does not teach a closed-loop control              
          system that actually uses the measured data to perform any                  
          correction in the positioning system (for adjusting any                     
          misalignment)” (brief, page 7).                                             


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