Ex Parte Baker et al - Page 2

                Appeal 2007-2618                                                                              
                Application 10/713,178                                                                        
                      Claim 1 illustrates Appellants’ invention of a hand-held laser fusion                   
                welding assembly which comprises a laser reflection shield, and is                            
                representative of the claims on appeal:                                                       
                      1.  A hand-held laser fusion welding assembly for treating a                            
                workpiece, comprising:                                                                        
                      a main body dimensioned to be grasped by a hand and adapted to                          
                couple to at least a laser delivery system;                                                   
                      a nozzle coupled to the main body and having an aperture through                        
                which laser light from the laser delivery system may pass; and                                
                      a laser reflection shield coupled to, and at least partially surrounding,               
                either the nozzle or the main body, the laser reflection shield constructed at                
                least partially of a material that reflects at least a portion of the laser light             
                that passes through the nozzle aperture and is reflected by the workpiece,                    
                and configured such that no section thereof surrounds any portion of the                      
                laser light once the laser light passes through the aperture.                                 
                      The Examiner relies upon the evidence in these references:                              
                Ungar     US 2,074,629          Mar. 23, 1937                                                 
                Messer Griesheim GMBH  GB 1 334 772          Oct. 24, 1973                                    
                      (Messer Griesheim)                                                                      
                Sugiyama1    JP 59-87999 A          May 21, 1984                                              
                Teeple, Jr. (Teeple)  US 5,151,095          Sep. 29, 1992                                     
                Onodera2    JP 9-57482 A          Mar.  4, 1997                                               
                      Appellants request review of the following grounds of rejection under                   
                35 U.S.C. § 103(a) advanced on appeal (Br. 3):3                                               
                                                                                                             
                1  We refer to the translation of Sugiyama prepared for the USPTO by FLS,                     
                Inc. (PTO 07-6234 August 2007).                                                               
                2 We refer to the translation of Onodera prepared for the USPTO by FLS,                       
                Inc. (PTO 07-6237 August 2007).                                                               
                3  Appellants include claims “15-17” in the second ground of rejection.  Br.                  
                3.  These claims were not included in this ground of rejection in the Office                  
                Action.  Office Action 3.  The Examiner informed Appellants that these                        
                claims were not included in the Office Communication mailed September 4,                      
                2007.                                                                                         
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