Ex Parte Ruggiero - Page 10




             Appeal No. 2005-2111                                                                   10               
             Application No. 09/827,454                                                                              


                    Moreover, the examiner contends that while Watanabe does not explicitly disclose                 
             a micro-mirror, it was well known, as taught by MacDonald’s mirrors M1-M3, that mirrors                 
             maybe used to steer light beams as desired among elements in an optical system.  The                    
             examiner concluded that it would have been obvious to use a mirror, as taught by                        
             MacDonald, in Watanabe’s system “in order to steer the interrogating beam in whatever                   
             direction required by the placement of elements in the system” (answer-pages 18-19).                    
             Moreover, while the examiner recognizes that Watanabe does not specifically disclose                    
             that the phase conjugator therein may be a broad area phase conjugator, as claimed, the                 
             examiner again relies on Vasil’ev for such a disclosure, concluding that it would have been             
             obvious to use the broad area phase conjugator of Vasil’ev as the phase conjugator in the               
             Watanabe system “as an engineering design choice of a way to implement the intra-cavity                 
             laser diode phase conjugator already disclosed by Watanabe” (answer-page 19).                           
                    We will not sustain the rejection of claims 24 and 26-33 under 35 U.S.C. § 103 for               
             the reasons argued by appellant.                                                                        
                    Appellant argues that Watanabe is based on the use of intra-cavity four-wave                     
             mixing and phase conjugation for the purpose of removing the effects of chromatic                       
             dispersion and pulse distortion in fiber communication systems.  It is a one-dimensional                
             phase conjugator, correcting for wavelenght dependent timing distortions, that relies on                
             single “spatial” mode operation (see principal brief-page 18).  This is not disputed by the             
             examiner.    On the other hand, as argued by appellant, Vasil’ev exploits the “temporal”                








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