Appeal No. 97-0345
Application 08/363,094
positively including the reference in the statement of
rejection.” In re Hoch,
428 F.2d 1341, 1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970).
Even assuming an absorption spectroscopy reference had
been used in the rejection to supply the missing elements, we
find no motivation to combine Mulready and/or Ritter with
Sato, as suggested by the Examiner. Both Mulready and Ritter
discuss stabilizing lasers by attenuating radiation reflected
back to the laser source, and do not use a quarter wave plate
or neutral density filter. Sato attenuates radiation emitted
by the laser source, but is silent about reflected radiation
and stabilizing the laser source. In addition, the quarter
wave plate of Sato is used in combination with one or more
neutral density filters, not as an alternative to neutral
density filters, for attenuation. Thus, there is no
motivation or suggestion in the applied references, to use a
quarter wave plate or neutral density filter to attenuate
reflected laser radiation. The Federal Circuit states that
"[t]he mere fact that the prior art may be modified in the
manner suggested by the Examiner does not make the
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