Appeal No. 1997-3303 Page 10
Application No. 08/171,126
teaching that the voltage applied to one of the electrodes can be varied and that the voltage applied to
an electrode in the feedback region is one of the structural parameters for altering the wavelength of the
fed-back light, we find that Okai teaches electrodes formed in the shape of a grating that can electro-
optically alter the wavelength of the light in the feedback region, to the extent claimed by appellants.
Claim 12 does not exclude the use of additional structural parameters such as a perturbation portion.
Appellants further assert (rbrief, page 10) that as claimed by appellants, the distance between
the conductive strips must be comparable to the wavelength of the desired structure. We are in
agreement with the examiner (answer, paragraph bridging pages 7 and 8) that this limitation is not
claimed.
We are in agreement with appellants, however, that (rbrief, page 12) it would not have been
“obvious to one skilled in the art to employ an electrode in the form of a grating over the feedback
region of Sakata et al.” The record is unclear as to precisely how the examiner arrives at the recited
steps of method claim 12 by modifying Sakata in light of the teachings of Okai. The examiner states
(answer, page 4) that “it would have been obvious to one of ordinary skill in the art to place the
electrode in the shape of a grating over the feedback (grating) region of Sakata as taught by Okai.” If
we follow this line of reasoning by the examiner and placed electrodes in the shape of a grating over the
feedback region region (119) of Sakata, the conductive pattern that forms the electrodes would have to
be deposited upon the upper cladding layer (112). However, claim 12 calls for the conductive material
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