Ex parte ZAVISLAN et al. - Page 4




          Appeal No. 96-1963                                                           
          Application 08/094,296                                                       


          focusing the laser is described thus (page 11, lines 11 to 17):              



                    The laser energy is delivered by the optical fiber                 
               cable 22 to a fiber ferrule or coupler 66 from which                    
               the incoming beam projects and is focused by a lens 68.                 
               Lens 68 nominally collimates the beam.  A focus                         
               mechanism 69, which may be either manual or electro-                    
               mechanical, sets the depth below the surface that the                   
               laser light is focused.  The focus mechanism 69 moves                   
               lens 68 in the z direction relative to ferrule 66.                      
               The examiner does not identify any structure in the primary             
          reference (Buys) which would be the equivalent of the movable-               
          lens focusing mechanism described by appellants, nor do we find              
          any such structure therein.  In fact, as appellants assert in the            
          paragraph bridging pages 7 and 8 of their brief, the Buys                    
          apparatus is fixed focus; as Buys states in column 12, lines 3 to            
          8, the two-lens doublet 12, 13 which constitutes the imaging lens            
          system 10 is “axially immobilized and integral with frame 3 via              
          mounting 14".  Thus, Buys does not disclose a means for focusing             
          as recited in claim 1.                                                       
               Part [v] of claim 1 recites a “means in said housing for                
          deflecting said beam to locate each of said spots . . . .”  In               
          appellants’ device, the structure which performs this function is            
          the two-mirror deflection system (specification, pages 10 to 11),            
          together with the shutter 72, which has a position so that the               

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