Ex Parte TSAI - Page 5




          Appeal No. 2001-2088                                                        
          Application No. 09/121,177                                                  


          spread out after passing through the through hole, we have no               
          such evidence that that is the case.                                        


               All of the rejected claims contain the limitation of                   
          “detecting the edges of the through hole of the positioning arm”.           
          The applied reference simply does not refer to such a step,                 
          detecting, instead, the edges of the reflected laser beam.  The             
          examiner’s position is that detection of the edges of the                   
          reflected laser beam is somehow equivalent to detecting the edges           
          of the through hole because of a direct proportion of the light             
          beam incident on the photodetectors to the amount of the light              
          beam blocked by the hole edges.  Whatever “proportion” is being             
          referred to by the examiner, there is still no through hole edge            
          detection disclosed or suggested by Tsai.  If the examiner is               
          contending that by measuring the edges of the beam width, this              
          somehow indicates the edges of the through hole, we disagree.               
          While this may be true for beam widths which do not vary after              
          exiting the through hole, in most cases, the beam may diverge               
          from the through hole.  If this is the case, then measurement of            
          beam width by detecting the edges of the beam, does not indicate            
          the edges of the through hole since the beam width will vary with           
          distance from the through hole.  Without knowing the distance               

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