Ex Parte Benda et al - Page 4



          Appeal No. 2005-0783                                                        
          Application No. 10/039,094                                                  

               We have carefully considered the entire record in light of the         
          opposing positions taken by the appellants and by the examiner.             
          Having done so, we shall affirm all of the rejections at issue              
          except for rejection (5) which is reversed.  The basis for our              
          decision is as follows:                                                     
                                     Rejection (1)                                    
               Appellants indicate in their brief (p.6) that the instant              
          rejection is not contested and is accepted as proper.  Accordingly,         
          the instant rejection is summarily affirmed.                                
                                     Rejection (2)                                    
               This rejection is affirmed.                                            
               Initially, we note that the claims subject to the rejection at         
          issue have not been separately argued.  Thus, those claims stand or         
          fall together for purposes of this appeal.  Accordingly, we limit           
          our consideration to claim 1 in reviewing this rejection.                   
               Byron shows the use of two laser beams for generating a                
          grating on an optical fiber waveguide.  The beams are respectively          
          directed at two circumferentially displaced portions of the optical         
          fiber.                                                                      
               The principal point of contention concerns the scope of the            
          term “locality” appearing in claim 1.  Since appellants’                    
          specification ascribes no special definition to the term, we agree          
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