Ex Parte Atia et al - Page 3




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


              brief (filed November 22, 2004) and reply brief (filed February 15, 2005) for the                                                   
              arguments thereagainst.                                                                                                             


                                                        OPINION                                                                                   
                     In reaching our decision in this appeal, we have given careful consideration to                                              
              appellants’ specification and claims, to the applied prior art references, and to the                                               
              respective positions articulated by appellants and the examiner.  As a consequence of                                               
              our review, we have made the determination which follows.                                                                           


              For the reasons set forth on pages 3-7 of the answer, the examiner has concluded                                                    
              that it would have been obvious to one of ordinary skill in the art at the time of                                                  
              appellants’ invention, based on the collective teachings of the AAPA, LoVasco and                                                   
              Silhavy, to modify an unpopulated optical bench precursor structure like that used to                                               
              facilitate the solder self-alignment process for optical components as described on page                                            
              1 of the specification (AAPA) by providing spacers and fixtures on the known optical                                                
              bench structure near the solder pads for permitting vertical and lateral positioning                                                
              alignment of the optical components with respect to the bench during solder reflow as                                               
              generally taught by LoVasco (e.g., Fig. 21) and to further utilize a removable template                                             
              like that seen at (59) of Silhavy as a substitute for the lateral alignment fixture (2131) of                                       



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