Ex Parte Mazumder et al - Page 3




              Appeal No. 2005-0891                                                               Page 3                
              Application No. 09/916,566                                                                               


                                   controlling the deposition using the optical signal.                                
                     Claims 1 and 3-81 stand rejected under 35 U.S.C. § 103 as being unpatentable                      
              over Jeantette2 in view of Kar3.                                                                         
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                     
              the appellants regarding the above-noted rejection, we make reference to the answer                      
              (mailed August 25, 2004) for the examiner's complete reasoning in support of the                         
              rejection and to the brief (filed May 21, 2004) for the appellants’ arguments                            
              thereagainst.                                                                                            
                                                      OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                   
              the appellants’ specification and claims, to the applied prior art references, and to the                
              respective positions articulated by the appellants and the examiner.  As a consequence                   
              of our review, we make the determinations which follow.                                                  
                     Jeantette discloses a method and system for producing complex-shape objects                       
              comprising a controllable laser L having a beam directed toward a localized region on a                  
              deposition stage S , a powdered material feeder F and delivery system N for feeding                      


                     1 Although the statement of the rejection on page 3 of the answer does not include claims 3-8, it is
              apparent from the explanation of the rejection that claims 3-8 are also rejected as being unpatentable over
              Jeantette in view of Kar.                                                                                
                     2 U.S. Pat. No. 6,046,426, issued April 4, 2000 to Jeantette et al., on an application filed July 8,
              1996.                                                                                                    
                     3 US Pat. No. 6,526,327, issued February 25, 2003 to Kar et al., on an application filed Dec. 7,  
              2000, which was a division of an application filed December 28, 1998, and claiming the benefit of a      
              provisional application filed January 12, 1998.                                                          





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