Ex parte BJORKLUND et al. - Page 13




          Appeal No. 1997-3528                                                        
          Application No. 08/230,659                                                  


          index grating.  Nor does Bjorklund describe the irradiation                 
          times for measuring the photoconductivity of the article.                   
               Walsh describes the use of two-beam coupling to study the              
          grating properties, as a function of electric field, of a                   
          particular photorefractive polymer, i.e. nonlinear epoxy                    
          polymer bis-phenol-A-diglycidyl ether 4-nitro-1,2-                          
          phenylenediamine, doped with 30 wt.% of diethylamino-                       
          benzaldehyde diphenylhydrazone.  (Page 1642.)  However, Walsh               
          does not make up for the difference between the appellants’                 
          claimed invention and Bjorklund.  It is not clear to us how                 
          the measurement of grating properties as described in Walsh is              
          relevant to the measurement of photoconductivity as described               
          in Bjorklund.  In short, there is no teaching, suggestion, or               
          motivation in Walsh to carry out Bjorklund’s photoconductivity              
          measurements for a time sufficient to meet the radiation                    
          intensity and absorbed energy/unit volume limitations of                    
          appealed claim 11.                                                          
               We therefore hold that the collective teachings of                     
          Bjorklund and Walsh also do not establish a prima facie case                
          of obviousness against the subject matter of appealed claim                 
          11.  Since appealed claims 12, 14, and 17 through 20 all                    
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