Ex parte PENN et al. - Page 6




          Appeal No. 1997-1380                                                        
          Application 08/301,508                                                      


               The controller translates the coordinates                              
               representing a layer of the design (as compiled by                     
               the CAD system) into suitable servo commands to                        
               position the fabricating-particle jet above the                        
               corresponding position on the substrate 16 that will                   
               support the construction.  The controller then                         
               causes a droplet 18 of particle material to be                         
               ejected.  A complementary set of commands is issued                    
               by the controller to the support-particle jet,                         
               causing it to deposit droplets of support material                     
               20 on positions of the substrate not occupied (or to                   
               be occupied) by fabrication particles.  After                          
               deposition of this initial layer, subsequent layers                    
               are similarly formed on top of and in contact with                     
               one another.                                                           
                                                                                     
               . . .                                                                  
                    After all layers have been deposited, the                         
               structure consisting of the fused fabrication                          
               particles must be separated from the mass of support                   
               particles [column 2, lines 23 through 68].                             
               Claims 1 and 13, the two independent claims on appeal,                 
          stand rejected under 35 U.S.C. § 102(e) as being anticipated                
          by Helinski.  Anticipation, of course, is established only                  
          when a single prior art reference discloses, expressly or                   
          under principles of inherency, each and every element of a                  
          claimed                                                                     


          invention.  RCA Corp. v. Applied Digital Data Sys., Inc., 730               
          F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984).                        

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