Appeal No. 2000-1371
Application No. 08/867,810
patent application Ser. No. 08/215,851 filed Mar. 21, 1994 entitled
Apparatus and Process for Optically Ablated Openings Having Designed
Profile. This reference requires that the profile of ablation over the area of
an opening in a workpiece be carefully controlled. [See Smith at col. 1
lines 35-38.]
Clearly, Smith teaches that it is desirable to control the manufacture of the openings
and that there would be a need or desire to have them meet a predetermined quality.
Therefore, we find that the nozzle plate taught and suggested by Smith would have met
the article of manufacture limitations as recited in independent claim 1.
Appellant argues that the reduction in "sag" or rounding is attributable to a
manufacturing process where the numerical aperture of the working lens is controlled to
be in a set range and that this range simplifies the alignment of the nozzle plate and
lens. (See brief at page 13.) We find that the recited process limitations and range do
not limit the product. Appellant argues that Smith neither recognizes the problem of
"sag" nor the correlation of "sag" and numerical aperture. (See brief at pages 13-14.)
We find that these arguments are not supported by the product limitations recited in
claim 1. Therefore, we will sustain the rejection of independent claim 1 and dependent
claims 2 and 6-9 which were grouped with claim 1 by appellant.
With respect to appellant's response to the examiner's argument concerning
routine experimentation, at page 14 of the brief, we do not find these arguments to the
process persuasive to article limitations in independent claim 1.
GROUP 3
5
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