Appeal No. 1997-3301
Application No. 08/159,879
(a) an infrared transmissive deformable film capable of
containing a plurality of diffractive lens patterns pressed
thereinto; and
(b) a plurality of diffractive lenses disposed in said
film in a predetermined pattern, all of said diffractive
lenses disposed at least in part within a predetermined
geometrical shape to provide said chopper.
The references relied upon by the examiner are:
Suzuki et al. (Suzuki) 4,427,265 Jan. 24,
1984
Ohtaka et al. (Ohtaka) 4,567,123 Jan. 28,
1986
Trotta et al. (Trotta) 5,051,591 Sep. 24,
1991
Horigome et al. (Horigome) 5,330,880 July 19,
1994
(filing date Aug. 28, 1992)
Hayashi et al. (Hayashi) 5,320,787 Jun.
14, 1994
(filing date Nov. 27, 1992)
Isono et al. (Isono) 5,385,638 Jan. 31,
1995
(filing date May 3, 1993)
The following rejections are at issue in this appeal:
(1) Claims 1-20 are rejected under 35 U.S.C. § 112,
first paragraph, based on written description and enablement.1
1The specification is also objected to under 35 U.S.C.
§ 112, first paragraph. See Answer, pp. 3-4. However,
objectionable matters are not appealable. In re Hengehold,
440 F.2d 1395, 1403, 169 USPQ 473, 479 (CCPA 1970).
2
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