Ex parte PAYNE et al. - Page 3




          Appeal No. 1998-1661                                                        
          Application No. 08/409,244                                                  




               Claims 1 through 15 stand rejected under 35 U.S.C. § 112,              
          second paragraph, as being vague and indefinite.  Claims 1, 2               
          and 5 through 13 stand rejected under 35 U.S.C. § 103 as                    
          unpatentable over the combination of Krupke, Payne and                      
          O’Meara.                                                                    
               Reference is made to the brief and answer for the                      
          respective positions of appellants and the examiner.                        


                                       OPINION                                        


               We turn first to the rejection under 35 U.S.C. § 112,                  
          second paragraph.                                                           
               With regard to claim 1, the examiner contends that it is               
          inaccurate to characterize a master oscillator as being                     
          “pumped by a first pump source” since it is the active or gain              
          medium that is actually pumped.  Similarly, the examiner                    
          contends that it is inaccurate to characterize a power                      
          amplifier as being pumped by a second pump source since it is               
          the active or gain medium that is actually pumped.                          


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