Ex Parte Rutkowski et al - Page 10



                 Appeal 2007-2909                                                                                      
                 Application 10/622,063                                                                                
            1    the claimed invention, the translational motion plane is independent of                               
            2    rotational motion.  Therefore, the Examiner has failed to sufficiently                                
            3    establish that Barrey describes a stage which permits translation generally in                        
            4    a plane and “rotation about an axis generally parallel to” the plane as recited                       
            5    in independent claims 1, 11 and 24.  As applied by the Examiner, neither                              
            6    Ishida nor Chikahisa make up for the deficiencies of Barrey.  The                                     
            7    Examiner’s rejections are reversed.                                                                   
            8           E.  Decision                                                                                   
            9           Upon consideration of the record, and for the reasons given, the                               
           10    Examiner’s rejections are reversed.                                                                   
           11           The Examiner’s rejection of claims 1-3, 11 and 24 as being                                     
           12    unpatentable under 35 U.S.C. § 103(a) over Ishida in view of Barrey and                               
           13    either Chikahisa (US 6,562,406) or Chikahisa (WO99/49987) is reversed.                                
                                                    REVERSED                                                           




                 GENERAL ELECTRIC COMPANY (PCPI)                                                                       
                 c/o FLETCHER YODER                                                                                    
                 P.O. BOX 692289                                                                                       
                 HOUSTON, TX  77269-2289                                                                               





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