Appeal No. 97-3467
Application 08/279,748
scanning optical system to the drawing surface,
with respect to the sub-scanning direction.
Instead of specifically finding this recited relationship
from the disclosure of either Morimoto or Takemoto, the examiner
relied
on the appellant’s representation in the appeal brief that the
recited relationship is for causing the resulting distortion to
be "limited to the distortion free region as depicted in the
upper left corner of Fig. 26" (Br. at 3). The rationale of the
examiner is that if Morimoto’s system similarly limits
distortion, then at least a prima facie case has been made out
that Morimoto’s system also satisfies the host of special
relationships required by claim 1 among the various parameters.
This approach is logical and not improper, since the appellant
did specifically state (Br. at 3):
When the claimed parameters are followed the incident
angle and emission angle of the polygonal mirror are
confined so that the height of the drawing beams is
limited to the distortion free region as depicted in
the upper left corner of Fig. 26. (Emphasis added.)
The problem, however, is that the examiner has misconstrued
the above-quoted statement and not properly viewed the
appellant’s Figure 26. The term "upper left corner" as
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