Appeal No. 1998-1472 Page 29
Application No. 08/427,721
focus which is different from a point of focus used
to create holographic gratings within other of the
plural sets of plural locations.
Accordingly, claims 164 and 165 each require creating
holographic gratings by changing the points of focus of a
light beam.
The examiner fails to show a suggestion of the
limitations in the prior art. Bjorklund does record micro-
interference patterns “at several discrete depths beneath the
surface of the recording medium ....” Col. 2, ll. 15-16. The
recording, however, does not use different points of focus of
a light beam. To the contrary, the recording “is accomplished
by altering the angle between beams #2 and #1 for each depth.”
Id. at ll. 16-18. The examiner does not show that varying the
angle between beams #2 and #1 for each recording depth changes
the point of focus of the beams. The examiner fails to
allege, let alone show, that Takeda, Murakami, or Hugle
remedies these defects.
Because Bjorklund teaches varying the angle between beams
rather than changing point of focus of the beams, we are not
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