Appeal No. 95-2413 Application 07/936,865 L(r) is the arc length swept by a portion of the curve 67 at a radius r, not the width of the path at radius r. That is, from figures 8 and 9, assuming the spiral curve 67 alone causes erosion (because the spiral curve 67 corresponds to the plasma region 55 and has "a very narrow width," col. 5, lines 60-61), the swept arc length L(r) increases in proportion to the radius r. Thus, arc a-b exposes the target underneath the same amount of time as arc b-c, arc c-d, etc. One of ordinary skill in the art would have recognized that the arrangement of magnets in Sato '375 was intended to perform the same function as that in Suzuki. Wegman, Elmgren, and Sawada These references are discussed with respect to Group 2. Level of ordinary skill The references are the only evidence of the knowledge and level of ordinary skill in the art. See In re Oelrich, 579 F.2d 86, 91, 198 USPQ 210, 214 (CCPA 1978) ("the PTO usually must evaluate both the scope and content of the prior art and the level of ordinary skill solely on the cold words of the literature"); In re GPAC Inc., 57 F.3d 1573, 1579, 35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (the Board did not err - 10 -Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 3, 2007