Ex Parte Atia et al - Page 2




             Appeal No. 2005-2754                                                                                                                 
             Application No. 10/391,835                                                                                                           


                     comprising:                                                                                                                  
                     a bench;                                                                                                                     
                     solder pads deposited on the bench at locations determined by engagement                                                     
                            points between optical components and the optical bench;                                                              
                     spacers on the bench, in or near the solder pads, for supporting the optical                                                 
                            components at predetermined positions vertically on the bench; and                                                    
                     a removable template for facilitating the placement of optical components on the                                             
                            bench.                                                                                                                
                                                                                                                                                 
              The prior art references relied upon by the examiner in rejecting the appealed claim                                                
              are:                                                                                                                                
              LoVasco et al. (LoVasco)  4,878,611   Nov. 7, 1989                                                                                  
              Silhavy     6,375,060   Apr. 23, 2002                                                                                               
              (filed July 19, 2000)                                                                                                               
              In addition, the examiner has relied upon appellants’ admitted prior art (AAPA) set forth                                           
              on page 1 of the specification under the heading “Background of the Invention.”                                                     
                                                                                                                                                 
              Claim 1 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over AAPA in                                                 
              view of LoVasco and Silhavy.                                                                                                        


              Rather than attempt to reiterate the examiner's commentary with regard to the                                                       
              above-noted rejection and the conflicting viewpoints advanced by appellants and the                                                 
              examiner regarding that rejection, we make reference to the answer (mailed December                                                 
              16, 2004) for the examiner's reasoning in support of the rejection, and to appellants’                                              



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