Ex parte SUZUKI et al. - Page 2




              Appeal No. 1999-0156                                                                                       
              Application 08/555,901                                                                                     

              gain equalizing means as a function of the input signal power of the input light signal.                   
              Representative claim 1 is reproduced as follows:                                                           
                            1.  An optical fiber amplifier comprising:                                                   
                                   an optical fiber for direct amplifying an input light signal;                         
                                   a pumping illumination source for providing the optical fiber with                    
              pumping illumination;                                                                                      
                                   detecting means for detecting an input signal power of the input light                
              signal;                                                                                                    
                                   gain equalizing means for equalizing a gain of the input light signal;                
              and                                                                                                        
                                   a gain equalizing means controller for controlling the gain equalizing                
              means based on the detected input signal power of the input light signal which is detected                 
              by the detecting means.                                                                                    

              The examiner relies on the following references:                                                           
              Nakabayashi                   5,436,760          Jul.  25, 1995                                            
              Murase et al. (Murase)     6-268602         Sep. 22, 1994                                                  
              (Japanese Kokai)                                                                                           
              In the final rejection, claims 1-5, 7-15 and 17-19 were rejected under 35 U.S.C.                           
              § 103 as being unpatentable over Murase when taken with Nakabayashi [final rejection,                      
              page 3].  Both references were relied on in supporting the rejection.  Although the rejection              
              in the examiner’s answer is nominally stated to be the same as in the final rejection, the                 
              examiner’s analysis now indicates that Murase either anticipates the claimed invention by                  


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