Ex parte FREIER et al. - Page 7




          Appeal No. 2000-1182                                                        
          Application No. 08/957,554                                                  


          I and II.  These claims stand or fall together as a single                  
          group except for claim 5 which is separately argued by                      
          appellants (Brief, pages 10-11).  With respect to claim 3, the              
          examiner notes that Ishiharada II teaches an optical waveguide              
          in which the roughening of the cladding increases with                      
          increasing distance from the light receiving end in order to                
          make the luminance uniform along the entire length of the                   
          waveguide.  The examiner asserts (Final Rejection, pages 4-5)               
          that it would have been obvious to apply this teaching to the               
          waveguide of Ishiharada I to achieve the desirable goal of                  
          uniform luminance as taught by Ishiharada II.                               
               Appellants respond (Brief, pages 10-11) by noting that                 
          the surface roughness in Ishiharada II is substantially                     
          parallel to the direction of light flow rather than non-                    
          parallel, as recited in claims 1 and 15 and as taught by                    
          Ishiharada I.  Appellants argue that there is no suggestion or              
          motivation for combining the teachings of Ishiharada I with                 
          the teachings of Ishiharada II to arrive at the claimed                     
          invention, since the devices of the two references are formed               
          in different ways.  The examiner responds (Answer, pages 10-                
          11) that despite the differences between Ishiharada I and II,               
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