Ex Parte Choo et al - Page 4

                Appeal 2007-2554                                                                             
                Application 10/667,515                                                                       

                of the first and second laser beam generating means.  Chui teaches that the                  
                first and second laser cutting devices are supported in identical manner on                  
                I-beams and "are independently moveable in response to signals developed                     
                by any suitable control device" (sentence bridging cols. 2-3).  We have no                   
                reason to believe that the laser beams of Chui cannot be moved over the                      
                same area of the substrate inasmuch as the movement of the beams begins                      
                and ends at the same point on the substrate.  Significantly, Appellants have                 
                advanced no argument that the apparatus of Chui is incapable of performing                   
                the claimed intended use.  Rather, Appellants' arguments are directed to                     
                Chui's failure to disclose a laser cutting method which corresponds to                       
                Appellants' intended method.                                                                 
                      We note that Appellants present no argument against the Examiner's §                   
                103 rejection of claims 9-13 over Chui.                                                      
                      As for the Examiner's § 103rejection of claims 8, 9, 11, and 13 over                   
                the admitted prior art, we perceive no structural distinction between the prior              
                art apparatus described at page 5 of the present Specification and apparatus                 
                within the scope of claim 8.  The apparatus of the admitted prior art, like the              
                claimed apparatus, comprises a first laser beam generating means and a                       
                second laser beam generating means which focus a laser beam on the same                      
                area of the substrate to be cut.  While the apparatus of the admitted prior art              
                also employs a cooling fluid beam 14, we find that the prior art apparatus is                
                fully capable of cutting the non-metallic substrate without a cooling device,                
                which is all that is required by the appealed claims.  It can hardly be gainsaid             
                that the first and second laser beam generating means of the admitted prior                  
                art apparatus are incapable of cutting the non-metallic substrate without the                


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