Appeal 2007-0465 Application 10/146,813 The Examiner finds that Williams produces a microscopic image product, not merely an interference pattern. The Examiner refers to pattern 142 in Figure 1 and the statements that the system "images interferometric lines" (col. 7, ll. 10-11) and that "[a]ccording to the present system, the classical optical beam is replaced by a quantum stream of n entangled protons" (col. 6, ll. 51-53). (Answer 5-6.) The Examiner finds that although Williams does not mention "microscopic image," a photon is of microscopic scale, and any image created by a particle of microscopic size is a microscopic image product (id. at 6). Appellants argue that the interference pattern 142 cannot be considered an image product (Reply Br. 5). It is argued that the statement at column 7 that interferometric lines are images does not disclose a microscopic image product (id.). It is argued that it is well known that an interferometer produces only straight lines or circles and Williams cannot produce complex image patterns (id.). It is argued that the Examiner admits that Williams does not explicitly mention a "microscopic image" and "it is clear that there is no explicit disclosure of an image product as only interference patterns are disclosed" (Reply Br. 6). Claim interpretation Proper claim interpretation necessarily precedes a determination of patentability. See Gechter v. Davidson, 116 F.3d 1454, 1457, 43 USPQ2d 1030, 1032 (Fed. Cir. 1997) ("Implicit in our review of the Board's anticipation analysis is that the claim must first have been correctly 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: September 9, 2013