Ex Parte Libby et al - Page 1



                The opinion in support of the decision being entered                         
                today was not written for publication in a law journal                       
                and is not binding precedent of the Board.                                   

                        UNITED STATES PATENT AND TRADEMARK OFFICE                            
                                      ______________                                         
                           BEFORE THE BOARD OF PATENT APPEALS                                
                                     AND INTERFERENCES                                       
                                       _____________                                         
                      Ex parte CHARLES J. LIBBY and BILLY W. WARD                            
                                       _____________                                         
                                   Appeal No. 2005-2234                                      
                                Application No. 10/135,005                                   
                                       _____________                                         
                                          ON BRIEF                                           
                                       _____________                                         
          Before KIMLIN, OWENS and FRANKLIN, Administrative Patent Judge.                    
          FRANKLIN, Administrative Patent Judge.                                             

                                    DECISION ON APPEAL                                       
                This is a decision on appeal under 35 U.S.C. § 134 from the                  
          examiner’s final rejection of claims 21 through 50.                                
                Claim 21 is representative of the subject matter on appeal                   
          and is set forth below:                                                            
                21.  A charged particle beam system for milling and imaging                  
          a work piece, the system comprising:                                               
                a housing for housing the workpiece;                                         
                a work stage assembly adapted a) for supporting the                          
          workpiece, b) for translating the workpiece along a first axis,                    
          c) for translating the workpiece along a second axis                               
          perpendicular to the first axis and d) for rotating the                            
          workpiece about a third axis perpendicular to both the first                       




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