Appeal No. 2005-1031 Application No. 09/998,073 to converge the beam in Elliott is adjustable. Nevertheless, Elliott does not disclose that the optical component is adjusted such that upon operation of the electromagnetic radiation source a beam produced thereby converges at a location in close proximity to, but not on, the workpiece surface. Therefore, Elliott does not describe the invention of claim 64, and the rejection of claim 64 under 35 U.S.C. § 102(b) as being anticipated by Elliott is reversed. See Verdegaal Bros., Inc. v. Union Oil Co., 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987) ("A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference."). The patentability of claims 65-69 stands or falls with the patentability of claim 64. Therefore, the rejection of claims 65-69 under 35 U.S.C. § 102(b) as being anticipated by Elliott is also reversed. Conclusion The rejection of claims 46-58 and 60-63 under 35 U.S.C. § 102(b) as being anticipated by Elliott is affirmed. The rejection of claims 64-69 under 35 U.S.C. § 102(b) as being anticipated by Elliott is reversed. 7Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007