Ex parte GIBBONS et al. - Page 3




          Appeal No. 1997-3301                                                        
          Application No. 08/159,879                                                  


               (2) Claims 1-20 are rejected under 35 U.S.C. § 112,                    
          second paragraph.                                                           
               (3) Claims 1-20 are rejected under 35 U.S.C. § 103 as                  
          being unpatentable over Ohtaka in view of various combinations              
          of Isono, Suzuki, Trotta, Horigome and/or Hayashi.                          




                           Rejection under 35 U.S.C. § 103                            
               The claims on appeal are directed to a chopper comprising              
          an infrared transmissive deformable film and a plurality of                 
          diffractive lenses disposed in the film in a predetermined                  
          pattern.  All of the diffractive lenses are disposed at least               
          in part within a predetermined geometrical shape to provide                 
          the chopper.  See claim 9.  The claims on appeal are also                   
          directed to a method of making a chopper comprising the                     
          following steps (claim 1):                                                  
               (1) forming a mask on an etchable base member;                         
               (2) etching the base member through the mask to form a                 
          predetermined diffractive lens pattern on the base member;                  
               (3) replicating the diffractive lens pattern onto a                    
          rigid material; and                                                         
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