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 4Page: Previous 1 2 3 4 5 6 Next
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