Ex Parte Mazumder et al - Page 7




              Appeal No. 2005-0891                                                               Page 7                
              Application No. 09/916,566                                                                               


              result of the process by which some parameter of one wave is varied in accordance with                   
              some parameter of another wave.”                                                                         
                     We next look to the appellants’ specification to determine whether it provides an                 
              express definition of “modulate” which differs from or is more specific than the dictionary              
              definitions alluded to above.  The specification states, on page 6, that                                 
                            [t]he optical signal from the laser interaction zone is used to                            
                            modulate the diode laser to control the power.  Since the                                  
                            diode lasers can respond to signals at a rate up to 20KHz,                                 
                            the laser power can be finely tuned to the process at faster                               
                            rate than that by CO2 or YAG lasers and thus the deposition                                
                            height.                                                                                    
                            ... At block 304, logic circuitry is used to modulate the laser                            
                            power, with a signal being sent to the diode laser power                                   
                            supply at a frequency to 0 to 20 KHz, or higher frequency,                                 
                            depending upon the response time of the device.                                            




              The appellants’ specification also uses the term “modulated” in the following context, on                
              page 7:                                                                                                  
                            DMD surface profit height geometry and microstructure are                                  
                            greatly modulated by the frequency of the feedback signal.                                 
                            The more than 300 times increase of the frequency will                                     
                            improve the process significantly and will take it to new                                  
                            paradigm of control of closed loop direct metal deposition.                                
                     Apart from the claims and the text cited above, the term “modulate” is not                        
              discussed elsewhere in the specification.  We find in the cited portions of the appellants’              
              specification no express definition of “modulate” or “modulating.”  Further, we find                     






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