Ex Parte Birk et al - Page 6

                  Appeal 2007-1710                                                                                           
                  Application 10/098,016                                                                                     
                       9. From facts 3, 7, and 8, we find that one skilled in the art would                                  
                           recognize the device of Nishio is inherently in a housing which                                   
                           supports and maintains the alignment of the elements in the system.                               
                       10. Nishio teaches that the system in housing 30 is to direct a beam at a                             
                           disk, item 20 that is external to housing 30.  The system controls the                            
                           beam to be properly converged on the surface of the disk. Col. 2, ll.                             
                           48-52.                                                                                            
                       11. From facts 8 and 10, we find that one skilled in the art would                                    
                           recognize the housing item 30 of Nishio is inherently mounted to                                  
                           something which provides support and alignment between the                                        
                           optical system and disc 20.                                                                       
                       12. Edwards teaches a system for monitoring changes in the shape of a                                 
                           structure using optical monitoring.  Abstract.                                                    
                       13. In Edward’s system, a graphical display depicts beam intensity (a                                 
                           graphical representation) which is used to display displacement of                                
                           the beam caused by displacement of the structure.  Col. 4, ll. 52-65                              
                           and col. 16, ll. 39-55.                                                                           










                                                    PRINCIPLES OF LAW                                                        

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