Ex parte GENOVESE - Page 5




          Appeal No. 1999-1117                                                        
          Application 08/674,308                                                      

          references teach or suggest this feature.  In particular,                   
          Asada teaches two separate sensors, one for scan detection                  
          (e.g., photodetector 22 in figure 2) and one for intensity                  
          control (e.g., photodetector 9 in figure 2).                                
               Claims 1 and 4 recite, in relevant part:                               
                    a photodetector for converting the intercepted laser              
               beam that leaves said exit end into a beam current which               
               depends upon said laser beam intensity;                                
                    a scan detection circuit for producing a                          
               start-of-scan signal from said beam current; and                       
                    a beam intensity circuit for producing said beam                  
               control signal from said beam current.  [Emphasis added.]              
          Only one photodetector which produces a beam current is                     
          recited.  Both the scan detection circuit and the beam                      
          intensity circuit refer to "said beam current," which must be               
          the beam current produced by the single claimed photodetector,              
          the only beam current for which there is antecedent basis.                  
          The Examiner has not explained how the claim language can be                
          interpreted in any other way.  Accordingly, we conclude that                
          the Examiner erred in interpreting the claims as not requiring              
          the feature of only one photosensor for producing both a start              
          of scan signal and beam intensity signal.  Because none of the              
          references teach or suggest that both start of scan detection               

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