Ex Parte Kim et al - Page 9

               Appeal 2007-0953                                                                             
               Application 10/607,466                                                                       
                                                                                                           
               and demultiplexing, or that such functionality in planar lightwave circuits is               
               well known in the art.  We can say, however, that no such prior art exists on                
               this record.                                                                                 
                      For the foregoing reasons, we will not sustain the Examiner’s                         
               rejection of independent claim 10.  Likewise, we will not sustain claims 11-                 
               13 which depend therefrom.                                                                   

                                         CONCLUSION OF LAW                                                  
                      Appellants have established that the Examiner erred in finding that                   
               McGreer discloses a wavelength division multiplexer/demultiplexer where                      
               (1) the input waveguide for inputting a multiplexed optical signal to the                    
               grating is respectively disposed on both sides of the substrate centering on                 
               the AWG, and (2) the output waveguides for outputting single-channel                         
               demultiplexed optical signals are respectively disposed on both sides of the                 
               substrate centering on the AWG as claimed.                                                   

                                                DECISION                                                    
                      We have not sustained the Examiner's rejection with respect to all                    
               claims on appeal.  Therefore, the Examiner’s decision rejecting claims 10-13                 
               is reversed.                                                                                 

                                               REVERSED                                                     
               tdl/ce                                                                                       
               CHA & REITER, LLC                                                                            
               210 ROUTE 4 EAST STE 103                                                                     
               PARAMUS, NJ 07652                                                                            


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