Appeal 2007-2223
Application 09/975,168
The Examiner rejected claims 1-20 under 35 U.S.C. § 103(a) as
unpatentable over Sharma and Kartalopoulos and claims 21-26 over Sharma,
Polczynski, and Kartalopoulos.
ISSUES
(1) Under 35 U.S.C § 103(a), with respect to the appealed claims 1-
20, would one of ordinary skill in the art at the time of the
invention have found it obvious to combine Sharma and
Kartalopoulos to render the claimed invention unpatentable?
(2) Under 35 U.S.C § 103(a), with respect to the appealed claims 21-
26, would the ordinarily skilled artisan have found it obvious to
modify the combination of Sharma and Polczynski with
Kartalopoulos to render the claimed invention unpatentable?
FINDINGS OF FACT
The following findings of fact (FF) are relevant to the issues involved
in the appeal and are believed to be supported by a preponderance of the
evidence.
1. Sharma relates to an optical wavelength division multiplexed
network system in which an optical fiber acting as a main trunk line
interconnects a plurality of nodes in a ring form to permit communications
between desired nodes, comprising a multi-wavelength light source for
multiplexing and transmitting a plurality of lights having different
wavelengths from a location in the network (Abstract; col. 2, ll. 55-62).
3
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