Appeal No. 97-1631 Page 10
Application No. 08/245,267
Further comparison of the claim’s language to the
reference’s teachings evidences that Abe also fails to teach
or suggest the claimed receiving means and the step of
receiving light. The claimed indicia are read “using
information from the at least one coded symbol.” In contrast,
Abe uses light reflected by the alignment marks to detect a
positional deviation between the mask and wafer. Therefore,
we find that Abe, alone or in combination with Guthmueller,
fails to teach or suggest the masking means and receiving
means and the steps of positioning masking means and receiving
light as specified in claims 1 and 20, respectively.
Regarding the Badgley reference, we find that the
reference fails to teach or suggest the claimed receiving
means and step of receiving light. Badgley relates to the
selection of recorded data optically. Col. 1, ll. 1-3. It
detects coincidence between apertures formed in a master
record strip, which bear indicia of a characteristic sought,
and those formed in a scanning strip, which bears indicia of
the characteristics available. Id. at ll. 42-48. The strips
are superimposed and then disposed to intercept a beam of
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