Ex Parte JANG et al - Page 8




              Appeal No. 1999-2250                                                                                         
              Application No. 08/980,308                                                                                   


              unconvinced by this argument for the reasons supra, with regard to independent    claim                      
              1.                                                                                                           
                     With regard to the “duplication of parts” argument by the examiner, appellants                        
              disagree. In appellant’s view, Chawki’s circulator C1 is not identical to circulator C2, the                 
              first being a subtracting circulator and the latter being an adding circulator, which                        
              means that the artisan would not have been led to duplicate circulator C1 and deploy it                      
              on the right side of the Bragg grating arrangement in Figure 1 since this would                              
              contradict the disclosed deployment of the adding circulator C2 on the right side of the                     
              grating arrangement.                                                                                         
                     While the examiner does not respond to this argument, we are unconvinced by                           
              appellants’ argument because the examiner is not suggesting “flipping” the circulators                       
              C1 and C2 from one side of the Bragg grating to the other.  Rather, the examiner is                          
              merely suggesting duplicating the arrangement in Figure 1 of Chawki so that there are a                      
              plurality of each of the circulators and Bragg gratings in redundant channels, for                           
              example.                                                                                                     
                     Without some specific reason contra, it would have been obvious, generally, to                        
              duplicate elements of the prior art.  Appellants have provided no reason why it would                        




              not have been obvious to duplicate that already taught by Chawki so that there are                           

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