Appeal No. 1998-1661
Application No. 08/409,244
crystals and Payne’s Nd- and Yb-doped crystals, per se, offer
no suggestion to the artisan to modify O’Meara in such a
manner that the MO had a Nd-doped gain medium while the PA had
a Yb-doped gain medium and that the MO beam be passed through
the Yb-doped medium of the PA. Only appellants’ disclosure
suggests this. If the examiner is suggesting that it would
have been obvious to try different combinations of materials
resulting in appellants’ claimed invention, there would appear
to have been no reasonable expectation of success in achieving
appellants’ result.
Accordingly, we will not sustain the rejection of claims
1, 2 and 5 through 13 under 35 U.S.C. § 103.
The examiner’s decision is reversed.
REVERSED
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