Ex parte HEFFNER et al. - Page 7




              Appeal No. 1998-2473                                                                                       
              Application No. 08/556,890                                                                                 


              that power, we find ourselves in agreement with the examiner that Figure 3 of the reference                
              discloses maximum, or “optimum” power at the focal point, at the origin of the coordinate                  
              system.  As disclosed at column 7, lines 28-31 of the reference, focus of the beam is                      
              controlled (which clearly suggests that the lens is moved to effect this focus) and the power              
              of the beam is also controlled to an optimum fifty-percent duty cycle level.  Thus, there is a             
              relationship between the duty cycle and focus for a constant maximum power applied to                      
              the laser [column 5, lines 53-54].  It appears that there is some relationship between the                 
              duty cycle and the dither frequency.  Accordingly, it appears reasonable for the examiner to               
              conclude that there is some measure of power of the signal at the dither frequency in                      
              Wilkinson and, although contested by appellants, appellants have pointed to nothing that is                
              convincing to the contrary.                                                                                
                     Accordingly, we will sustain the rejection of claims 1, 3 and 6 under 35 U.S.C.                     
              § 103 over Wilkinson.  Again, we do not contend that there may not be better arguments                     
              that could have been made regarding the unobviousness of the claimed subject matter                        
              over Wilkinson but, to whatever extent such arguments may exist, appellants have not                       
              made them.                                                                                                 
                     The examiner’s decision rejecting claims 1, 3 and 6 under 35 U.S.C. § 103 is                        
              affirmed.                                                                                                  




                                                           7                                                             





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007