Ex parte ANDREWS - Page 11




          Appeal No. 1998-2463                                      Page 11           
          Application No. 08/598,854                                                  


          case of obviousness with respect to claim 1.  The rejection of              
          claim 1 under 35 U.S.C.                                                     
          § 103 is therefore reversed.  As claims 2-5 depend from claim               
          1, the rejection of claims 2-5 under 35 U.S.C. § 103 is                     
          reversed.                                                                   


               Turning next to claim 11, we find that claim 11 recites                
          “varying the wavelength of the laser beam such that the spot                
          follows the selected area as the facet rotates.”  However,                  
          unlike claim 1, claim 11 does not recite that the electric                  
          signal to the laser is varied.  Claim 11 recites that the                   
          wavelength of the laser beam is varied.  We find that Andrews               
          teaches (col. 8, lines 49-52) that “[s]uch liquid crystal                   
          cells are often used to alter polarization of a light passing               
          therethrough so as to                                                       
          provide . . . a wavelength tuner” (underlining added).  In                  
          view of the teachings of Andrews, we find that it would have                
          been                                                                        
          manifestly obvious to a skilled artisan to have used the                    
          liquid crystal cell of optical element 50 of Andrews as a                   
          wavelength tuner.  However, as acknowledged by the examiner                 







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