Ex parte CLARKE et al. - Page 7




               Appeal No. 96-3628                                                                                                      
               Application 08/050,029                                                                                                  


                   fiber optic networks and the examiner has convinced us of none.                                                     
                           We have sustained the rejection of claim 3 under 35 U.S.C. § 112, second                                    
                   paragraph, but we have not sustained the rejection of claims 1 and 3 through 9 under 35                             
                   U.S.C. § 103.  Accordingly, the examiner’s decision is affirmed-in part.                                            
                           No period for taking any subsequent action in connection with this appeal may be                            
                   extended under 37 CFR § 1.136(a).                                                                                   
                                                       AFFIRMED-IN-PART                                                                




                                           ERROL A. KRASS                          )                                                   
                                          Administrative Patent Judge             )                                                   
                                                                                          )                                           
                                                                                          )                                           
                                                                                          )                                           
                                          JOHN C. MARTIN                          ) BOARD OF PATENT                                   
                                          Administrative Patent Judge              )    APPEALS AND                                   
                                                                                          )                                           
                   INTERFERENCES                                                                                                       
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                                                                                   )                                                   
                                          MICHAEL R. FLEMING                      )                                                   
                                          Administrative Patent Judge             )                                                   
                                                                                                                                      







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