Ex Parte Sweatt et al - Page 1




            The opinion in support of the decision being entered today was not written
                   for publication and is not binding precedent of the Board.         

                                                                 Paper No. 16         

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                   Ex parte WILLIAM C. SWEATT, MICHAEL B. SINCLAIR,                   
                                 and MICHAEL A. BUTLER                                
                                     ____________                                     
                                 Appeal No. 2004-0039                                 
                              Application No. 09/740,324                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before GARRIS, WARREN, and DELMENDO, Administrative Patent Judges.          
          GARRIS, Administrative Patent Judge.                                        


                                  DECISION ON APPEAL                                  
               This is a decision on an appeal from the final rejection of            
          claims 1-4, 7-11, 15-18, 20-25, 27-32 and 34-37.  The only other            
          claims remaining in the application, which are claims 12-14,                
          19 and 26, stand objected to by the Examiner but otherwise                  
          allowable.                                                                  
               The subject matter on appeal relates to an optical apparatus           
          and method for processing light wherein light is processed by a             
          first and second diffraction grating, one of which has fixed                
          grating elements and the other of which has electro-mechanically            






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