Ex parte MAHON - Page 12




               Appeal No. 1998-0180                                                                                                 
               Application No. 08/471,309                                                                                           

               such that the dispersion of the TE  mode in waveguide 54 would be approximately the same as the                      
                                                  11                                                                                
               dispersion of the TE  mode in waveguide 56 (with respect to obviousness).                                            
                                    21                                                                                              


               The Section 103 rejections over Liu, Low, and Seavey                                                                 

                       Since the references of Low and Seavey, as applied by the examiner, do not remedy the                        

               deficiencies of Claim 1 in view of Liu that we have noted above, the 35 U.S.C. § 103 rejections of                   

               dependent Claims 3, 4, and 6 are not sustained.                                                                      



                                                         CONCLUSION                                                                 

                       The rejections of Claims 1, 3, 4, and 6 are reversed.                                                        

                       No time period for taking any subsequent action in connection with this appeal may be                        

               extended under 37 CFR § 1.136(a).                                                                                    

                                                           REVERSED                                                                 





                                      ERROL A. KRASS                                 )                                              
                                              Administrative Patent Judge            )                                              
                                                                                     )                                              
                                                                                     )                                              
                                                                                     )                                              
                                                                                     ) BOARD OF PATENT                              
                                              MICHAEL R. FLEMING                     )          APPEALS                             

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