Ex Parte Byren et al - Page 2

               Appeal 2007-0203                                                                             
               Application 10/139,969                                                                       
                                                                                                           
                                      STATEMENT OF THE CASE                                                 
                      Appellants invented a system and method for effecting low-order                       
               aberration correction of a beam of electromagnetic energy.  In a preferred                   
               embodiment, the invention comprises a telescope with a fixed primary lens                    
               and a secondary lens moveable in multiple axes.  The secondary lens is                       
               moved responsive to aberrations detected by a wavefront error sensor to                      
               compensate for the aberrations.  See generally Specification 3:7-9; 10:28–                   
               11:4; see also Fig. 3.  Claim 22 is illustrative:                                            
                      22. A method for effecting low-order aberration correction of a beam                  
               of electromagnetic energy including the steps of:                                            
                      receiving the beam using a telescope comprising a primary lens and a                  
               secondary lens, said secondary lens being moveable in multiple axes;                         
                      generating a signal indicative of the aberrations to be corrected; and                
                      adjusting the position of said secondary lens in response to said signal              
               to generate an output beam that is at least partially compensated with respect               
               to the aberrations.                                                                          

                      The Examiner relies on the following prior art references to show                     
               unpatentability:                                                                             
               Kittell                   5,229,889                 Jul. 20, 1993                            
               Sorce                     5,461,515                 Oct. 24, 1995                            
               Presby                    2003/0001073 A1           Jan. 2, 2003                             
                                                                   (filed Jun. 29, 2001)                    









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