Ex parte YOO et al. - Page 9

          Appeal No. 1998-2009                                                         
          Application No. 08/508,250                                                   

          being said, Kobayashi discloses that the single lens system of               
          Figure 2(b) (and accordingly Tatsuno) is in popular use with                 
          numerical apertures (NA) of less than 0.45.  However, problems               
          occur when NA is greater than 0.47.  (Column 1, lines 53-63.)                
          Thus, not knowing the NA of Tatsuno, we do not know if                       
          Kobayashi’s improvement (for variations in temperature, etc.,                
          as articulated by the Examiner) would be a motivating factor                 
          for a combination with Tatsuno.                                              
               On the other hand, if Tatsuno’s NA were known to exceed                 
          0.47, Kobayashi discloses that the collimating lens system of                
          Figure 2(a) is in common use (column 3, line 66 to column 4,                 
          line 5).  Using this reasoning (and motivation) to provide a                 
          lens pair with a collimating lens for Tatsuno, we have lost                  
          any disclosure for obtaining the claimed distance between the                
          pair of lenses.  Kobayashi’s Example 1, used by the Examiner                 
          to provide the claimed distance, was based on a lens system                  
          which does not include a collimating lens (Figure 1).  Thus,                 
          we are not persuaded by the Examiner that sufficient                         
          motivation has been shown for the combination.                               


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