Ex parte SMITH et al. - Page 6




          Appeal No. 97-0544                                         Page 6           
          Application No. 08/177,108                                                  


          not bring the light to a focus and, at the same time, contain               
          image                                                                       
          information for ablation.  They are merely scattering-type                  
          masks.                                                                      
          They require condensing objects to image the mask to effect                 
          ablation.”  (Appeal Br. at 10.)  “The examiner disagrees,                   
          noting that these holographic articles both function as                     
          diffractive optical masks.  The examiner does agree that the                
          image recorded in these masks is different and that this                    
          accounts for the relay lens used in the teachings of Smith et               
          al.. [sic]”  (Examiner’s Answer at 12.)  We agree with the                  
          appellants.                                                                 


               The examiner errs in interpreting the scope of the                     
          claims.  Independent claim 16 specifies in pertinent part “a                
          computer generated hologram for producing converging coherent               
          light of the specific frequency from the subaperture with                   
          image information from the subaperture to form a real image at              
          a working distance from the mask having a profile for ablating              
          the nozzles of specific shape and location on the substrate                 
          ....”  Giving the claim its broadest reasonable                             







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