Appeal No. 2002-1255 Page 2
Application No. 09/271,440
BACKGROUND
The appellants' invention relates to the use of micro-machined elements in
optical data storage systems (specification, p. 1). A copy of the claims under appeal is
set forth in the appendix to the appellants' brief.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Horie et al. (Horie) 5,245,491 Sep. 14, 1993
Makigaki JP 6-1503621 May 31, 1994
Claims 86, 87, 89, 93 to 96, 101 to 103 and 105 to 126 stand rejected under
35 U.S.C. § 103 as being unpatentable over Horie in view of Makigaki.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejection, we make reference to the answer
(Paper No. 26, mailed February 5, 2002) for the examiner's complete reasoning in
support of the rejection, and to the supplemental brief (Paper No. 25, filed December
1 In determining the teachings of Makigaki, we will rely on the translation provided by the USPTO.
A copy of the translation is attached for the appellants' convenience.
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