Appeal No. 2005-2750
Application 09/460,221
4 Second (Figs. 5-6)
5 Third (Figs. 7-8)
7 Fifth (Figs. 10-11)
8 Sixth (Fig. 12)
9 Seventh (Fig. 13-14) and Eighth (Figs. 15-17)
Whether or not appellants are correct to assert that “[o]riginal claim 6 is so
indefinite that it could not be read on any embodiment of the application,” Brief at 9, it
appears that that claim, which also depends directly on claim 1, was intended to
correspond to the fourth embodiment (Figs. 9A, 9B), because that is the only
embodiment which employs an aberration correcting means (namely, wave front
correcting lens 54) that is movable “onto an optical path between the light emitting
means and the optical disc,” as required by that claim. Claim 6 as filed read as follows
(emphasis added):
6. An apparatus according to claim 1, wherein said converging
means comprises objective lens and aberration correcting means, and
wherein said apparatus comprises:
an optical head having
light emitting means,
said objective lens each for converging the light flux emitted from
the light emitting means onto the optical disc,
photo detecting means for detecting the reflected light from the optical
disc,
said N aberration correcting means, and
holding means for holding said N aberration correcting means, for
selecting one of the N aberration correcting means in accordance with a
control signal and for moving onto an optical path between the light
emitting means and the optical disc;
8
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