Ex parte CONGDON et al. - Page 7




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


          Furthermore, adding the cladding at the grating, as suggested               
          by the examiner, would be contrary to the teachings of the                  
          references.  Therefore, the examiner has again failed to                    
          provide a prima facie case of obviousness for claims 14 and 19              
          and the claims dependent therefrom, 15 through 18 and 20                    
          through 23.                                                                 
                                     CONCLUSION                                       
               The decision of the examiner rejecting claims 1, 3, and                
          11 through 23 under 35 U.S.C. § 103 is reversed.                            
                                      REVERSED                                        





                         JERRY SMITH                   )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         LEE E. BARRETT                )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         ANITA PELLMAN GROSS           )                              
                         Administrative Patent Judge   )                              

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