Appeal No. 97-0128
Application No. 08/098,989
Montefiore Hospital, 732 F.2d 1572, 1577, 221 USPQ 929, 933
(Fed.
Cir. 1984). These showings by the Examiner are an essential
part
of complying with the burden of presenting a prima facie case
of
obviousness. Note In re Oetiker, 977 F.2d 1443, 1445, 24
USPQ2d
1443, 1444 (Fed. Cir. 1992).
With respect to independent claims 1, 8, and 10, the
Examiner seeks to modify the free electron laser system of
Brau by asserting the obviousness of supplying the missing
beam quality determining feature. In the Examiner’s view, the
skilled artisan would have found it obvious to determine the
quality of the output beam in Brau and to adjust the RF
feedback signal accordingly for the purpose of enhancing the
laser output.
While Appellants have made several arguments in response,
the primary thrust of the arguments centers on the alleged
deficiency of Brau in disclosing any structure which is
responsive to both the generated electron beam and to the
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007