Ex Parte TAN et al - Page 3




          Appeal No. 1998-0181                                                        
          Application NO. 08/566,222                                                  
          reflectivity than electrode 28 is positioned between the pieces.            
          Upon energization of the SEL’s four electrodes, a four-beam far-field       
          pattern is produced (column 6, lines 49-51).                                
          Opinion                                                                     
          After consideration of the positions and arguments presented by             
          both the examiner and the appellants, we have concluded that the            
          rejection should be sustained.  We agree in general with the comments       
          made by the examiner; we add the following discussion for emphasis.         
          With respect to claim 4, appellants’ argument is that the                   
          rejection is improper because Kapon does not teach induction of             
          filaments.  We disagree.  As noted above, at column 6, lines 49-51          
          Kapon teaches that rectangular arrays of the embodiment of Figure 1         
          produce a four-beam far-field pattern.  This establishes that the           
          four electrodes 28 of Figure 1 produce filamentation adjacent to the        
          imperfections separating the electrodes.                                    
          Claim 5 merely recites that the step of providing plural                    
          localized regions includes a step of forming localized regions of           
          different refractive index in said mirror means.  This subject matter       
          is met by Kapon’s disclosure at column 4, lines 44-58, that                 
          electrodes 28 are gold (Au), and that material 30 at the                    
          imperfections between electrodes 28 is Ti/Au or Cr/Au, each of which        
          inherently has a different refractive index than Au.  Diffraction           
          occurs when a wave of energy passes obliquely from one medium to a          
          medium of another kind.                                                     
          Arguments made by appellants with respect to dependent claim 5              
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