Appeal No. 98-0103 Page 8
Application No. 08/248,745
of laser energy of a laser beam in the 900 to 1000 nanometer
range." The language at issue in independent claim 10 is "laser
energy of a laser beam of a predetermined wavelength is at least
60% absorbed by the material." The language at issue in
dependent claim 15 is "the laser absorptive material is3
configured to absorb more than 90% of laser energy of a laser
beam in the 900 to 1000 nanometer range." In our opinion, the
disclosure of the application as originally filed would have
reasonably conveyed to the artisan that the disclosed laser
absorptive material absorbs more than 60%/90% of a predetermined
wavelength generated by a laser beam. In this regard, we note
that the graph shown in Figure 2 does display frequencies in the
900 to 1000 nanometer range wherein the absorptive material
absorbs more than 90% of those wavelengths.
The obviousness issue
We do not sustain the rejections of claims 1 through 7 and
claims 10 through 22 under 35 U.S.C. § 103.
The test for obviousness is what the combined teachings of
the references would have suggested to one of ordinary skill in
3Claim 15 depends from independent claim 10.
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