Ex Parte Skinner - Page 10



          Appeal No. 2005-2418                                                        
          Application 09/932,639                                                      

          figure 4 of Endo does not permit the passing through of all other           
          wavelengths even though it effectively “drops” a specific wave-             
          length.  We understand that an optical filter does not correspond           
          to the claimed WDM drop in claim 45.  Therefore, we reverse the             
          rejection of this claim.                                                    
                    As to claim 47, we agree with the examiner’s brief                
          observations at page 8 of the Answer correlating the subject                
          matter of this claim to Endo’s teachings in figure 4 which                  
          appears to read directly on the subject matter of the claim.                
          According to our earlier analysis, at least a selected one of a             
          plurality of wave bands is capable of being passed by the optical           
          filter as claimed.  As to appellant’s arguments at page 15 of               
          the Brief, we do not agree with the view expressed that Endo                
          describes only the use of a single divider 12 connected at the              
          end point of the optical fiber 40 since a plurality of optical              
          filters 12-1 through 12-3 are illustrated.                                  
                    We also sustain the rejection of dependent claim 48               
          since it essentially mirrors the argued subject matter of                   
          independent claim 25 discussed earlier in this opinion.  We also            
          sustain the rejection of dependent claims 49, 54 and 55 since               
          appellant’s grouping at page 5 of the Brief indicates that these            

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