Ex Parte Atia et al - Page 5




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


              and electronic joining of optical components to a bench or package substrate.  Thus, the                                            
              fact that appellants have referred to the claimed subject matter as an unpopulated                                                  
              “optical” bench precursor structure would appear to be of no particular moment, since                                               
              that designation is more a matter of intended use than an actual structural difference.                                             


              In light of the foregoing, the rejection of claim 1 under                                                                           
              35 U.S.C. § 103(a) is sustained.  Thus, the decision of the examiner is affirmed.                                                   
























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