Ex parte GEMPE et al. - Page 8




          Appeal No. 1996-4073                                                        
          Application No. 08/345,917                                                  
          teaching that would lead one to combine the references in the               
          manner proposed by the Examiner, we will not sustain the                    
          rejection of claim 31 under 35 U.S.C. § 103.  Likewise we will              
          not sustain the rejection of dependent claims 32 and 33 since               
          they contain the same unmet claim limitations.                              
                    We note that Fujisawa teaches the remaining claim                 
          limitations in figure 2 where light emitting diode 21 and                   
          photo detector diode 22 are mounted on two coplanar areas of                
          lead frame 25.  A light flux coupling material 23 is provided               
          and a protective enclosure 24 is formed around the components.              











                   We have not sustained the rejection of claims 31                  
          through 33 under 35 U.S.C. § 103.  Accordingly, the Examiner's              
          decision is reversed.                                                       


                                     REVERSED                                         


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