Appeal 2007-2618
Application 10/713,178
Messer Griesheim, e.g., 1:10-21 and 72-86. The hood is adjustable in
position on the laser device as well as in height in relation to the outlet
aperture, and is preferably in the form of a bell, cylinder, or disk with a rim
directed toward the workpiece, that is, the hood can be circular. Id., e.g.,
2:41-57. In Fig. 1, hood 30 is attached to and extends beyond the aperture;
in Fig. 2, disk 51 is attached to the aperture and its rim 53 extends beyond
the aperture; and in Fig. 3, cylinder 60 is attached to outlet part 61 of the
laser and the bottom of cylinder 60 extends slightly beyond the aperture. Id.,
e.g., 2:103-3:30, and Figs. 1-3.
A discussion of Sugiyama and Teeple is not necessary to our decision.
See, e.g., In re Jones, 958 F.2d 347, 349, 21 USPQ2d 1941, 1942 (Fed. Cir.
1992); In re Kronig, 539 F.2d 1300, 1302-04, 190 USPQ 425, 426-28
(CCPA 1976).
All of the claims stand rejected over the combined teachings of
Onodera, Ungar, and Messer Griesheim in the first ground of rejection and
two groups of the claims are further rejected over this basic combination in
the second and third grounds of rejection. Thus, we consider the grounds of
rejection and the claims separately argued by Appellants with respect to the
combined teachings of these references.
With respect to the first ground of rejection, the Examiner determines
that it would have been prima facie obvious to one of ordinary skill in this
art in view of the combined teachings of Onodera, Ungar, and Messer
Griesheim to position a laser reflection shield on the hand-held laser
assembly of Onodera in any desired manner since protection shields
surrounding the body of a hand held electric tool are known as shown in
Ungar, and laser reflection shields are shown on the hand-held laser
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