Ex Parte Libby et al - Page 7



          Appeal No. 2005-2234                                                               
          Application No. 10/135,005                                                         

          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                       
          axis and the second axis, said work stage assembly having a work                   
          stage axis substantially parallel to the third axis, and the                       
          work stage assembly not being tiltable about the first axis or                     
          the second axis;                                                                   
                a first particle beam source for interacting with the                        
          workpiece, said particle beam source having a first particle                       
          beam source axis, the first particle beam source axis oriented                     
          at an acute angle greater than 0 degrees with the third axis;                      
          and                                                                                
                a second particle beam source for interacting with the                       
          workpiece, said second particle beam source having a second                        
          particle beam source axis oriented to form an acute angle                          
          greater than 0 degrees with the third axis, the particle beam                      
          sources being arranged such that one of the particle beam                          
          sources can be used to mill the workpiece and the other particle                   
          beam source can be used to image the workpiece.                                    

                It appears from the position outlined by the examiner in                     
          the Advisory Action that the claim language that recites that                      
          one of the particle beams can be used to mill the workpiece and                    
          the other particle beam source can be used to image the                            
          workpiece does not limit the scope of the claim.  We disagree.                     
          In view of the aforementioned recitation found in claim 21, it                     
          is self-evident that a respective particle beam is oriented in                     
          such a fashion in order to perform a respective function of                        
          milling or imaging the workpiece.  It appears that the examiner                    

                                           -7-                                               



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