Ex Parte JANG et al - Page 9




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


              redundant channels of first and second optical means.  No advantages are taught or                           
              argued by appellants that would not naturally flow from the duplication of elements                          
              taught by Chawki.                                                                                            
                     However, the demultiplexer of claim 6 does not merely duplicate the elements of                       
              the filter of claim 1.  Claim 6 specifically requires that each fifth port be connected                      
              directly to the first port of “another corresponding first optical device” and that there be a               
              passing of “other wavelength components of the respective input optical signal directly                      
              to said first port of said another corresponding first optical device connected directly to                  
              the fifth port.”  Accordingly, there is a specific interconnection between the various units                 
              of first and second optical devices, a concatenation which is simply not shown or                            
              suggested by the applied references.                                                                         
                     Accordingly, we will not sustain the rejection of independent claim 6 under 35                        
              U.S. C. § 103.                                                                                               
                     Claims 7-9 stand with independent claim 6 but, even so, these claims contain the                      
              “grating periods having regular intervals” limitation, and we will not sustain the rejection                 
              of these claims under 35 U.S. C. § 103 for the reasons supra.                                                





                     Appellants do not separately argue the limitations of claim 10 but it will stand with                 

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