Ex Parte Rutkowski et al - Page 9



                 Appeal 2007-2909                                                                                      
                 Application 10/622,063                                                                                
            1    workpiece about an axis A which lies along a different plane than the X-Y                             
            2    plane, but one that is generally parallel to the X-Y plane.                                           
            3           The Examiner found that Barrey describes a stage, e.g., end effector                           
            4    gripping tool 16, which permits translation generally in a plane.  The                                
            5    Examiner did not specifically find where Barrey describes rotation about an                           
            6    axis that is parallel to the plane defined by the end effector.  Rather, the                          
            7    Examiner has taken the position that since Barrey describes a six axis robot,                         
            8    that such robot inherently is capable of being moved in any direction and                             
            9    would be capable of rotating about an axis that is parallel to the plane                              
           10    defined by the end effector gripping tool 16.  The Examiner directs our                               
           11    attention to several patents to support the assertion that a six axis robot is                        
           12    capable of being moved in any direction (FFs 5-7 and 14-15).                                          
           13           The Examiner has failed to demonstrate that the Barrey end effector                            
           14    permits translation generally in a plane and rotation about an axis generally                         
           15    parallel to the plane.  We understand the Examiner to rely on the end                                 
           16    effector gripping tool 16 as defining the plane of translation.  That is, the end                     
           17    effector gripping tool 16 defines a plane of translation in at least, for                             
           18    example, the Y direction to move or translate the workpiece in towards pen                            
           19    40.  Even if the Examiner is correct that the end effector gripping tool 16                           
           20    inherently is capable of being rotated in any direction, such rotation would                          
           21    be about an axis in the same plane of, and not in a plane that is generally                           
           22    parallel to, the plane defined by the end effector gripping tool.  We read                            
           23    “generally parallel to” as excluding “the same as.”  Also, in the context of                          

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