Ex Parte Byren et al - Page 6

               Appeal 2007-0203                                                                             
               Application 10/139,969                                                                       
                                                                                                           
                      With this interpretation in mind, we turn to Presby.  Although the                    
               primary mirror is deformed in the disclosed embodiment, Presby expressly                     
               states that “any mirror of the receive telescopes may be similarly deformed                  
               with identical results” (Presby, ¶ 0027; emphasis added).  Presby further                    
               indicates that “[d]eforming any mirror in the communications system to                       
               achieve the same result…will be apparent to one skilled in the art.” (Id.;                   
               emphasis added).  Thus, according to these teachings, the unlabeled                          
               secondary mirror (i.e., the mirror disposed to the left of beam-splitter 423 in              
               Fig. 4) could be similarly deformed.  In short, Presby suggests that the                     
               secondary mirror is deformable -- and therefore “moveable.”                                  
                      Furthermore, we find that the skilled artisan confronted with the                     
               problem of removing low-order aberrations would have ample motivation on                     
               this record to substitute a moveable lens as claimed for the movable mirror                  
               in Presby.  As the Examiner indicates, Presby expressly states that lenses                   
               may be used as the functional equivalents to mirrors (Presby, ¶ 0028).                       
               Appellants’ suggestion that this stated equivalency of lenses and mirrors in                 
               Presby is limited to fixed elements simply does not comport with the                         
               passage taken as a whole.  Significantly, Presby states that “any method of                  
               using adaptive optics at the receive telescope to compensate for distortion to               
               the wave front is intended to be encompassed by the present invention.  For                  
               example, lenses may be used as the functional equivalents to mirrors.”                       
               (Presby, ¶ 0028; emphasis added).  When read together, the clear import of                   
               these two sentences is that the use of lenses constitutes an exemplary method                
               of compensating for wave front distortions in accordance with Presby’s                       
               invention.                                                                                   



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