Appeal No. 1998-0437
Application No. 08/603,523
According to the examiner (Answer, page 4), claim 13 is
indefinite because it depends from canceled claim 11.
Appellant corrected the error (Corrected Reply Brief, pages 1
and 2). The correction was approved by the examiner (PTOL-90,
mailed July 16, 1998). Thus, the rejection under 35 U.S.C. §
112, second paragraph is reversed.
According to the examiner (Answer, page 5), Satoh
discloses (Figs. 44 and 45; and column 19, lines 11, 12, and
19) all of the device and steps of claims 1-4, 6, 8-10, 12,
13, 15, 16, and
18-20. The examiner states (Answer, page 6) that Satoh
discloses a number of reflection elements (N =50) for a LiTaO g1 3
substrate having a coupling coefficient k = 0.05 (Satoh, 2
column 16, lines 38-40; column 19, line 19). The examiner
also states (Answer, page 6) that substituting k =0.5 into the 2
claimed equation yields a range of 34 # N # 78 for the chosen
g1
number of reflective elements N . The examiner concludes
g1
(Answer, page 6) that N =50 is within the range specified by
g1
the equation in the claimed invention. The examiner further 2
2Titanium Metals Corp. v. Banner, 778 F.2d 775, 782,
227 USPQ 773, 779 (Fed. Cir. 1985) (citing In re Petering,
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007