Ex Parte BRICHENO et al - Page 3




          Appeal No. 2001-2134                                                        
          Application No. 09/101,276                                                  


          that while Wong is directed to a splitter, it is “well within the           
          knowledge of those of ordinary skill in the art to use such a               
          device as a combiner, since they are interchangeable in the art             
          for the purpose of transmitting a series of light beams as                  
          information to and from different locations” [answer-page 3].               
               The examiner then applies O’Shaughnessy for the teaching of            
          coupling a fiber bundle output, using a lens 50 into a                      
          photodetector 28, and concludes that it would have been obvious             
          “to use the Wong system in concert with the teachings of the                
          O’Shaughnessy...lens and detector, in order to provide a                    
          plurality of signals from a plurality of locations to a single              
          receiving station” [answer-page 3].                                         


               We reverse.                                                            


               Appellants dispute the examiner’s allegation that the                  
          artisan would have recognized that the splitter of Wong may be              
          formed as a combiner and that it would have been obvious to do              
          so.  While appellants admit that, in general, a splitter and                
          combiner are interchangeable, they contend that it is “not true             
          that a low-loss 1xN splitter will, in general, function in the              
          reverse direction as a low-loss Nx1 combiner” [principal brief-             

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