Ex Parte Spears et al - Page 6




               Appeal No. 2006-2572                                                                                  
               Application No. 10/437,569                                                                            

                      With respect to dependent claim 2, Appellants merely rely upon the arguments with              
               respect to independent claim 1 and have not set forth additional specific arguments.                  
               Therefore, Appellants' argument is not persuasive with respect to dependent claim 2, and we           
               will sustain the rejection of dependent claim 2.                                                      

                      With respect to dependent claim 4, Appellants merely rely upon the arguments with              
               respect to independent claim 1 and have not set forth additional specific arguments.                  
               Therefore, Appellants' argument is not persuasive with respect to dependent claim 4.                  
               Appellants reiterate the argument with respect to light signal loss which we did not find             
               persuasive with respect to independent claim 1 and Appellants have not identified any reason          
               why the additional teachings of Hayashi would support Appellants’ argument that Feng                  
               teaches away from the combination.  Therefore, Appellants' argument is not persuasive, and            
               we will sustain the rejection of dependent claim 4.                                                   

                                                  CONCLUSION                                                         
                      To summarize, we have sustained the rejection of claims 1, 2, and 4-9 under                    
               35 U.S.C. § 103.                                                                                      











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