Ex Parte Rutkowski et al - Page 3



                 Appeal 2007-2909                                                                                      
                 Application 10/622,063                                                                                
            1    pen tip and the stage to dispense the material from the pen tip to the                                
            2    workpiece.                                                                                            
            3           B.  Issue                                                                                      
            4           The issue is whether Applicants have shown that the Examiner erred                             
            5    in determining claims 1-3, 11 and 24 to be unpatentable over the prior art as                         
            6    applied by the Examiner.                                                                              
            7           C.  Findings of fact (“FF”)                                                                    
            8           The record supports the following findings of fact as well as any other                        
            9    findings of fact set forth in this opinion by at least a preponderance of the                         
           10    evidence.                                                                                             
           11           1.     Applicants’ claims 1-3, 11 and 24 are the subject of this appeal.                       
           12           2.   Independent claims 1, 11 and 24 are reproduced as follows:                                
           13           1.     A robotic pen comprising:                                                               
           14                  a machine including a stage for mounting a workpiece for                                
           15           rotation and orthogonal translation, the said stage permitting                                 
           16           translation generally in a plane and rotation about an axis generally                          
           17           parallel to said plane, and an elevator for translation from said stage;                       
           18                  a pen tip rotatably mounted to said elevator;                                           
           19                  a dispenser joined in flow communication with said pen tip for                          
           20           ejecting a stream of material atop said workpiece; and                                         
           21                  a digital controller configured for coordinating relative                               
           22           movement of said pen tip and said stage, and dispensing of said                                
           23           stream from said pen tip.                                                                      

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