Ex Parte Lowry - Page 8



          Appeal No. 2005-2489                                                        
          Application No. 09/949,736                                                  

               . . . The CPU 51 controls operations of the various                    
               components of the apparatus 100 via the control bus 30                 
               and control lines 31-36 that respectively connected to                 
               . . . laser 8, stage 2 . . .  By manual, automatic or                  
               semiautomatic operation, the operator may selectively                  
               operate any of the controlled components, move the                     
               stage to its desired X, Y position, and rotate the top                 
               platform of the stage to its desired Z axis orientation                
               . . . .  Of course, if desired, the laser beam 26 may                  
               be raster-scanned using optical methods, including                     
               prisms and/or mirrors that are selectively moved to                    
               sweep the beam across the surface of the DUT 24.                       
          Implicit in this disclosure is that the means-plus-function                 
          element recited in claim 19 includes any conventional structures            
          of piezoelectric operators, linear magnetic motors, lead screws             
          and/or controllers (CPUs) for automatically or manually                     
          controlling the movement of a conventional laser and/or a X, Y              
          positioning table capable of holding or supporting a plastic                
          encapsulated integrated circuit.                                            
               Having interpreted the claims on appeal as indicated supra,            
          we shall evaluate the merits of the examiner’s Sections 102 and             
          103 rejections.  To establish an anticipation under Section 102,            
          the examiner must demonstrate that Gartner relied thereupon                 
          describes, either expressly or under the principles of inherency,           
          each and every element of the claimed invention.  See In re                 
          Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir. 1990);            

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