Ex parte GIBBONS et al. - Page 9




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


          graphical pattern of the lens array of the chopper.  See                    
          Specification, p. 3.                                                        
               Appellants point out that (Brief, p. 7):                               
               Neither the FLIR [(Forward Looking Infrared)] system                   
               in which the chopper would be used nor the specific                    
               lenslets as set forth in the APPENDIX to the                           
               application is specifically claimed.  Everything                       
               that is claimed is fully disclosed and the                             
               individual steps of manufacture are each well known                    
               in the art.                                                            
          Additionally, appellants point out that the specification, as               
          originally filed, provides an equation by which the shape of                
          each lens may be determined.  See Brief, p. 7; Specification,               
          p. 6.                                                                       
               For the reasons set forth by appellants, the rejection of              
          claims 1-20 under 35 U.S.C. § 112, first paragraph, is                      
          reversed.                                                                   
                  Rejection under 35 U.S.C. § 112, second paragraph                   
               Claims 1-20 are rejected under 35 U.S.C. § 112, second                 
          paragraph, for the following reason (Answer, p. 5):                         
                    A spindle or other means for attaching this                       
               [(the chopper)] to a means for rotation is not                         
               recited.                                                               
               Appellants argue (Brief, pp. 16-17):                                   


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