Ex parte STEWART - Page 5




                 Appeal No. 1997-0030                                                                                                                   
                 Application No. 08/180,767                                                                                                             


                          f) claim 20, unpatentable over Piper in view of Kung , and                                   4                                
                 further in view of Bricks, Schachar and Cahuzac.                                                                                       


                          The rejections are explained in the examiner’s answer                                                                         
                 (Paper No. 22) and the supplemental examiner’s answer (Paper                                                                           
                 No. 27).                                                                                                                               


                          The opposing viewpoints of appellant are set forth in the                                                                     
                 brief (Paper No. 21), the reply brief (Paper No. 23), and the                                                                          
                 “Response to New Grounds of Rejection” (Paper No. 24).                                                                                 


                          Representative claim 1 is directed to a multiple                                                                              
                 wavelength laser system comprising an active laser gain medium                                                                         
                 comprising metal vapor, means for exciting the medium to                                                                               
                 produce laser radiation at a plurality of wavelengths, means                                                                           
                 for coaxially transmitting laser radiation at a plurality of                                                                           

                          4On pages 5-6 of the answer, the evidentiary basis for                                                                        
                 this rejection is stated to be “Piper in combination with                                                                              
                 Bricks et al and Schachar et al as applied to claim 19 above,                                                                          
                 and further in view of Cahuzac.”  Since Kung was part of the                                                                           
                 evidentiary basis for the rejection of independent claim 19,                                                                           
                 and since claim 20 depends from claim 19, we consider that the                                                                         
                 examiner inadvertently failed to include Kung in the statement                                                                         
                 of the rejection of claim 20 on pages 5-6 of the answer.                                                                               
                                                                           5                                                                            





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