Ex Parte Mazumder et al - Page 5




              Appeal No. 2005-0891                                                               Page 5                
              Application No. 09/916,566                                                                               


              Kar, which is directed to a similar deposition manufacturing process wherein a material                  
              “such as metal, ceramics and the like powder, and wire, and the like, is delivered to a                  
              laser beam-material interaction region where it is melted and deposited on a substrate”                  
              (abstract).  See Figure 1.  Kar discloses that,                                                          
                            [a]lthough the preferred embodiments describe using CO2                                    
                            laser and Nd:YAG lasers, the invention can use other high                                  
                            power lasers (i.e. Nd-based solid state lasers), and diode                                 
                            lasers, and the like.  The invention works with continuous                                 
                            and pulsed lasers that supply sufficient intensity for material                            
                            melting [column 8, lines 44-49].                                                           
                     Kar evidences that the use of diode lasers for heating and melting metal or the                   
              like powder material in a direct metal deposition system and process was well known in                   
              the art at the time of appellants’ invention and that diode lasers would have been                       
              recognized by those of ordinary skill in the art as having sufficient power and absorption               
              to melt the powder material used to form a melt pool in Jeantette.  We therefore agree                   
              with the examiner that the combined teachings of Jeantette and Kar would have                            
              suggested to one of ordinary skill in the art the use of a diode laser to heat the powder                
              material used to form the melt pool in Jeantette’s system and method.                                    
                     The appellants argue on page 3 that Jeantette’s system “is not a system that                      
              monitors a physical attribute.”  We do not agree. The temperature in the deposition                      
              region monitored by the optical pyrometer of Jeantette is a “physical attribute.”                        
                     Finally, the appellants argue that the control of the laser output power by a beam                
              attenuator, as disclosed by Jeantette, does not constitute “modulating” the laser to                     
              control the power of the beam.  This argument appears to be grounded on a definition of                  





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