Ex Parte Rosen et al - Page 6




              Appeal No. 2006-0496                                                                                         
              Application No. 10/126,569                                                                                   

              USPQ2d 1320, 1322 (Fed. Cir. 1989); In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ                           
              541, 550-51 (CCPA 1969).                                                                                     
                     Appellants’ further argument in defense of the claims is that Newton fails to teach                   
              or suggest a circuit for generating an optical signal having a predetermined duration, or                    
              receiving an input optical signal of limited duration that is to be repeated a                               
              predetermined number of times.  (Brief at 19-20.)  As we have noted supra in relation to                     
              the § 102 rejection over Newton, the reference discloses a circuit for generating an                         
              optical signal having a predetermined duration.  Further, the duration of the input signal                   
              260 is of a limited duration; i.e., at least shorter than the delay time provided by the loop                
              140.  Newton col. 9, l. 64 - col. 10, l. 8; Fig. 9.                                                          
                     Since we are not persuaded that the claims have been rejected in error, we                            
              sustain the § 103 rejection of claims 1, 2, 13, and 14 as being unpatentable over                            
              Newton.                                                                                                      


                     Claims 24-29 -- Section 103 rejection over Newton                                                     
                     Appellants submit that the examiner has failed to identify where Newton might                         
              disclose or suggest an RF waveform generator for generating an RF waveform signal,                           
              or an optical modulator for generating an input optical signal responsive to the RF                          
              waveform signal, as required by independent claims 24 and 27.  (Brief at 23-24.)                             
                     The examiner contends that although Newton fails to “specifically” disclose an RF                     
              waveform generation, the reference discloses that the recirculating memory may be                            
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