Ex parte DRESCHER - Page 9




          Appeal No. 1997-2990                                                        
          Application 08/260,318                                                      


          Suganuma or Miller.  Appellant asserts that the electronic                  
          circuitry of Suganuma already corrects for diffraction effects              
          so that there would be no need to consider Coale’s teachings                
          on diffraction.  Finally, appellant argues that the                         
          diffraction grating of Coale solves  the diffraction problem                
          differently from the claimed invention and would not work when              
          applied to the Suganuma beam splitter [brief, pages 16-27].                 
          The examiner responds that even though Suganuma does                        
          not mention diffraction as a problem, the artisan would have                
          recognized that Suganuma suffers diffraction effects which                  
          must be corrected.  The examiner finds, therefore, that the                 
          artisan would be motivated to apply Coale’s graded transition               
          zones to Suganuma’s mirrors in order to reduce the effects of               
          diffraction.                                                                
          Appellant responds again that Suganuma indicates no                         
          problem with diffraction and already corrects for the effects               
          of diffraction.  Appellant also responds that the diffraction               
          grating of Coale does not produce diffraction like the single               
          edge of Suganuma and would have no use in Suganuma.  Finally,               
          appellant summarizes why the artisan would not be motivated to              
          combine the applied references in the manner proposed by the                
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