Appeal No. 2000-0038
Application 08/751,369
Claim 37
The appellants argue that Heming does not disclose varying
the index of refraction of the intermediate layer to produce
different refraction profiles (brief, page 20). The
predetermined course of index of refraction along the thickness
of the intermediate layer required by the appellants’ claim 37,
however, can be any predetermined course including one which does
not vary. Heming reasonably appears to disclose a predetermined
course of index of refraction which does not vary (col. 8,
line 20 - col. 9, line 2).
Claim 39
The appellants’ claim 39 requires that the at least one
intermediate layer is applied such that only a negligible part of
light energy reaches an interface between the intermediate layer
and the substrate. The examiner argues (answer, page 4): “One of
ordinary skill in the art would desire to limit signal loss, and
hence limit the amount of light energy leaving the waveguide
layer. Concerning light reaching the interface of the
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