Appeal No. 95-2231
Application No. 08/114,285
To remedy these deficiencies, the examiner relies on the
disclosure of Reid. Id. Reid, however, at least teaches away
from deliberate introduction of oxygen or CF impurity into
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the laser during its operation. Specifically, Reid states
that “[t]hose materials which produce harmful impurities when
placed in the laser vessel must be avoided.” See page 4. It
is apparent from this statement that Reid is interested in
removing, rather than adding, impurities. On this record, the
examiner has supplied no evidence suggesting the desirability
of introducing oxygen or CF impurity based on the particular
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impurities present in a laser system during its operation.
Thus, it cannot be said that the examiner has met the burden
of establishing a prima facie case of obviousness.
The decision of the examiner rejecting claims 16 through
19, 21 through 24, 31 and 32 is reversed.
REVERSED
JOHN D. SMITH )
Administrative Patent Judge )
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