Ex parte CONGDON et al. - Page 4




          Appeal No. 96-3813                                                          
          Application No. 08/248,937                                                  


          review, we will reverse the obviousness rejection of claims                 
          1,3, and 11 through 23.                                                     
               The examiner combines the teachings of Nobuhara and                    
          Laybourn for a coupler between a semiconductor waveguide and a              
          dielectric waveguide with a grating in between having a                     
          mechanical wave vector equal to the difference between                      
          propagation vectors of the two waveguides.  Appellants do not               
          contest the combination of references.                                      


               Appellants do contend that Nobuhara and Laybourn teach a               
          round dielectric waveguide rather than a rectangular one.  In               
          particular, appellants state (Brief, page 4) that "optical                  
          fibers are round" and "Laybourn et al. teach a coupling                     
          between a round transmission waveguide and a planar                         
          waveguide."  The examiner asserts (Supplemental Answer, page                
          2) that "it would have been an obvious matter of design choice              
          to utilize a dielectric waveguide with a roughly square cross               
          section since changes on size are recognized as being within                
          the level of ordinary skill in the art."  The examiner                      
          continues (Supplemental Answer, page 3) with                                


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