Ex Parte Rutkowski et al - Page 8



                 Appeal 2007-2909                                                                                      
                 Application 10/622,063                                                                                
            1                                                                                                         
            2           E.   Analysis                                                                                  
            3           The Examiner finally rejected claims 1-3, 11 and 24 under 35 U.S.C.                            
            4    § 103(a) as being unpatentable over Ishida in view of Barrey and either                               
            5    Chikahisa (US 6,562,406) or Chikahisa (WO99/49987) (collectively referred                             
            6    to as “Chikahisa”).  Applicants argue claims 1-3, 11 and 24 together as a                             
            7    group (Br. 6 and 10).                                                                                 
            8           Applicants do not dispute the Examiner’s findings with respect to                              
            9    what Ishida and Chikahisa describe.  Applicants’ argue, however, that                                 
           10    Barrey does not describe that the robotic manipulator is rotatable about an                           
           11    axis generally parallel to the translational plane as found by the Examiner                           
           12    (FFs 12-13).                                                                                          
           13           Independent claims 1, 11, and 24 recite a machine including a stage                            
           14    for mounting a workpiece for rotation and orthogonal translation.  The stage                          
           15    permits translation, e.g., movement, generally in a plane and “rotation about                         
           16    an axis generally parallel to said plane” (emphasis added).  This is seen, for                        
           17    example, in the Specification Figs. 1 and 2, where the plane of translation is                        
           18    defined as a first linear axis X and a second linear axis Y for a two-plane                           
           19    translation of the workpiece on the stage 18 (Specification ¶ 0018).  A                               
           20    spindle 32 is mounted on the stage for rotation of the workpiece about an                             
           21    axis A, which is parallel to the two-plane X-Y axes (Specification ¶¶ 0019,                           
           22    0052-0053 and Figs. 1 and 2).  Thus, the spindle 32 allows rotation of the                            


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