Ex parte BUTTON et al. - Page 2




          Appeal No. 97-0398                                                          
          Application 08/281,732                                                      



                    Appellants have appealed to the Board from the                    
          examiner's final rejection of claims 1 through 3, 5, 6, 10                  
          and 18.                                                                     
               Representative independent claim 1 is reproduced below:                
               1.  A multistage fiber amplifier comprising                            
               an input stage having a given passive loss and a                       
          flattened gain spectrum, and                                                
               an output stage coupled to said input stage, said output               
          stage having a passive loss that is lower than said given                   
          passive loss and gain spectrum that is less flat than [said]                
          input stage.                                                                

               The following reference is relied on by the examiner:                  
          DiGiovanni et al. (DiGiovanni)     5,050,949           Sept. 24,            
          1991                                                                        

               Claims 1 through 3, 5, 6, 10 and 18 stand rejected under               
          35 U.S.C. § 103.  As evidence of obviousness, the examiner                  
          relies upon DiGiovanni alone.                                               
               Rather than repeat the positions of the appellants and                 
          the examiner, reference is made to the brief and the answer                 
          for the respective details thereof.                                         
                                       OPINION                                        


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