Ex Parte King - Page 4

                 Appeal 2007-1064                                                                                      
                 Application 10/059,242                                                                                

                        Chern relates to a holographic data storage system (col. 1, ll. 6-11)                          
                 having an exposure system wherein collimated laser beam 68 is converted to                            
                 a divergent beam by lens 72 (Figure 8; col. 5, l. 66 through col. 6. l. 4).                           
                        Chern uses a Gaussian apodizer 74 in the divergent beam path for                               
                 directing the exposure beam to collimating lens 76 which produces a broad                             
                 beam 78 directed to screen 66 (Figure 8; col. 6, ll. 4-7).                                            
                        Cowan discloses a laser beam apodizing filter for compensating the                             
                 Gaussian distribution of the laser beam and generating a substantially                                
                 uniform exposure (col. 2, ll. 14-18).                                                                 
                        As depicted in Figure 1, Cowan interposes an apodizing filter in the                           
                 laser beam to even out the intensity of the beam between the center and the                           
                 edge area (col. 2, ll. 58-68).  Thus a substantially “flat” intensity curve is                        
                 obtained on the laser beam as the beam exits the filter (col. 2, l. 68 through                        
                 col. 3, l. 5).                                                                                        

                                              PRINCIPLES OF LAW                                                        
                        The test for obviousness is what the combined teachings of the                                 
                 references would have suggested to one of ordinary skill in the art.  See In re                       
                 Kahn, 441 F.3d 977, 987-988, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006), In                                
                 re Young, 927 F.2d 588, 591, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991) and                                
                 In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981).                                       
                 Moreover, in evaluating such references it is proper to take into account not                         
                 only the specific teachings of the references but also the inferences which                           
                 one skilled in the art would reasonably be expected to draw therefrom.  In re                         
                 Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).                                              


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