Appeal No. 2002-1255 Page 7
Application No. 09/271,440
reflection-type azimuth rotator 35 would be equivalent to the steerable mirror assembly
means disclosed in the present application. Therefore the examiner's proposed
modification to Horie based on the teachings of Makigaki would not arrive at the
claimed invention as set forth in independent claims 111, 113, 117 and 119 and claims
dependent thereon.
For the reasons set forth above, the decision of the examiner to reject claims 86,
87, 89, 93 to 96, 101 to 103 and 105 to 126 under 35 U.S.C. § 103 as being
unpatentable over Horie in view of Makigaki is reversed.
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