Ex Parte Skinner - Page 11



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

          claims are grouped with claim 44 and no arguments are presented             
          in the substance of the Brief anyway.                                       
                    When we turn to the subject matter of dependent                   
          claim 52, we sustain the rejection of this claim because of our             
          earlier analysis with respect to claim 30 where we indicated that           
          the artisan would well appreciate that multiple lasers may be               
          usable for each of the respective optical switches 20-1 through             
          20-3 in figure 4 to embody the generalized teachings of the light           
          emitting element 22 in figure 2.  Correspondingly, however, we              
          must reverse the rejection of dependent claim 53 because there is           
          no teaching or suggestion in Endo that the multiple lasers of               
          claim 52 or any one of them may be tunable.  Our reason for                 
          reversing claim 53 therefore is basically the same reasoning as             
          we advanced earlier with respect to our reversal of claim 30.               
                    We now turn to the features of dependent claim 56.  We            
          find ourselves in agreement with the examiner’s reasoning at                
          page 9 of the Answer that the corresponding teachings relied upon           
          by the examiner at columns 3 and 5 of Endo teach broadly the                
          feature of data being transmitted in a selected one of digital              
          and analog formats.  Appellant’s arguments at page 18 of the                
          Brief appear to admit that Endo describes the system of merely              

                                         11                                           




Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007