Ex Parte Sandhu et al - Page 4




                Appeal No. 2005-1031                                                                                                            
                Application No. 09/998,073                                                                                                      


                material from the surface.  The laser beam is adjusted to strike the surface of the substrate, and at                           
                the point of contact, the beam gives the appearance of a knife edge (Figures 2 and 2A).  An input                               
                fluid, e.g., an elemental gas or a mixture of elemental gases, is used to reduce or prevent the                                 
                ablation components of the foreign material from redepositing onto the substrate surface.  The                                  
                input fluid may also absorb the laser energy to generate excited species that react with the                                    
                foreign material on the surface of the substrate.  See col. 5, line 43-col. 6, line 5; col. 10, lines 9-                        
                14; col. 12, lines 3-6.                                                                                                         
                         It appears that the sole disagreement between the examiner and appellants is whether                                   
                Elliott describes the following limitation in claim 46:                                                                         
                         [A] source of electromagnetic radiation adapted to converge a beam produced                                            
                         thereby in said flow in close proximity to the surface of the workpiece, but spaced                                    
                         a finite distance therefrom, to dissociate said gaseous constituent to produce a                                       
                         high flux of activated reactive species that chemically treats said surface of said                                    
                         workpiece.                                                                                                             
                         We interpret claim 46 as requiring a system comprising a source of electromagnetic                                     
                radiation so structured that it can converge a beam in close proximity to the surface of the                                    
                workpiece, but spaced a finite distance therefrom.  See In re Venezia, 530 F.2d 956, 959, 189                                   
                USPQ 149, 151-52 (CCPA 1976) (claim reciting "a pair of sleeves . . . each sleeve of said pair                                  
                adapted to be fitted over the insulating jacket of one of said cables" requires each sleeve to be so                            
                structured or dimensioned that it can be fitted over the insulating jacket of a cable).                                         


                         The examiner points out that in Elliott the laser beam is shown to converge at the                                     

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