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. 7Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007