Appeal No. 1997-0068
Application 07/923,278
locations corresponding or according to a cross-section or
slice of the object. Since the Pomerantz reference also fails
to disclose any other structure meeting these limitations, it
is not anticipatory with respect to the subject matter recited
in claims 24, 30 and 34 or in claims 25, 26, 28, 31 through 33
and 36 through 42 which depend therefrom.
On the other hand, the Pomerantz resin applicator 540
does meet the first dispenser limitations in claim 43. These
limitations are broader than the parallel limitations in
claims 24, 30 and 34 in that they do not require the first
dispenser to be operable to dispense a layer of first material
at “only” selected locations of the target surface
corresponding to a first cross-section of the object. That
the Pomerantz resin applicator 540 also operates to dispense
the layer of first material at additional locations of the
target surface not corresponding to a first cross-section of
the object is not excluded by or otherwise inconsistent with
claim 43. Thus, the appellants’ argument that Pomerantz is
not anticipatory with respect to the subject matter recited in
claim 43 is unconvincing.
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