Ex parte LIU et al. - Page 28




          Appeal No. 1998-1472                                      Page 28           
          Application No. 08/427,721                                                  


                        Nonobviousness of Claims 164 and 165                          
               The appellants argue, “the combined teaching of Bjorklund              
          and Takeda also lack any teaching or suggestion of the                      
          multiplexing of holographic gratings using differing points of              
          focus.”  (Appeal Br. at 12.)  The examiner replies, “the focus              
          spot of reference beam #2 can be repositioned to create                     
          holographic gratings at a plurality of locations along the                  
          optical axis of the object beam #1, i.e., at different depths               
          within the disk medium.”  (Final Rejection at 3.)                           


               Claim 164 specifies in pertinent part the following                    
          imitations: “the material comprising the optical disk is                    
          further capable of having multiple holographic gratings at                  
          each one of the plural locations within the disk, each                      
          holographic grating within each one of the plural locations                 
          being created with at a                                                     
          different point of focus.”  Similarly, claim 165 specifies in               
          pertinent part the following limitations:                                   
               the material comprising the optical disk is further                    
               capable of having holographic gratings at plural sets                  
               of the plural locations within the disk, the                           
               holographic gratings within a particular set of the                    
               plural locations being created at a same point of                      







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