Ex Parte Lee - Page 3



          Appeal No. 2003-1551                                                        
          Application No. 09/550,713                                                  

          the improvement comprising: an improved PBS-and-delay device                
          (PDD), said PDD comprising an integrally-formed means for                   
          separating the first light beam into a reflected S polarized                
          light wave and a transmitted P polarized light wave, and for                
          creating a half wavelength delay between the reflected S                    
          polarized light wave and the transmitted P polarized light wave.            
          The examiner relies on the following references:                            
          Mitsutake et al. (Mitsutake)    5,446,510        Aug. 29, 1995              
          Marcellin-Dibon et al.          5,900,973        May  04, 1999              
          (filed May  23, 1996)                                                       
          The admitted prior art disclosed by appellant.                              
          Claims 1-10 stand rejected under 35 U.S.C. § 103(a).  As                    
          evidence of obviousness the examiner offers Mitsutake in view of            
          the admitted prior art with respect to claims 1-3, 5 and 7-10,              
          and the examiner adds Marcellin-Dibon to this combination with              
          respect to claims 4 and 6.                                                  
          Rather than repeat the arguments of appellant or the                        
          examiner, we make reference to the briefs and the answer for the            
          respective details thereof.                                                 
          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejections advanced by the examiner and the evidence            
          of obviousness relied upon by the examiner as support for the               
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