Ex Parte Rosen et al - Page 7




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

              used in microwave signaled electronics.  The examiner submits that since microwave                           
              signals are RF signals, it would have been obvious to have used an RF waveform                               
              generator.  (Answer at 5.)                                                                                   
                     The rejection does not point out where Newton discloses that the recirculating                        
              memory may be used in “microwave signaled electronics.”  Newton discusses, in                                
              column 1, prior art applications that use recirculating memory devices, including the                        
              temporary storage and retrieval of broadband microwave signals in electronic counter-                        
              measures used to jam radar signals or to project false radar images.                                         
                     The claims, however, require a first and a second optical coupler, as disclosed in                    
              the Figure 8 embodiment of Newton.  The rejection does not identify any teaching,                            
              suggestion, or motivation from the prior art for using the arrangement of Figure 8 as a                      
              recirculating memory device for microwave signaled electronics, even assuming that                           
              such an application would require an RF waveform generator for generating an RF                              
              waveform signal as claimed.                                                                                  
                     We thus agree with appellants to the extent that the evidentiary basis for the                        
              rejection of claims 24 through 29 is deficient on this record.  We do not sustain the                        
              § 103 of the claims over Newton.                                                                             


                     Claims 30-32 -- Section 103 rejection over Newton and Yamauchi                                        
                     We do not sustain the § 103 rejection of the claims as being unpatentable over                        
              Newton and Yamauchi.  The rejection relies on Newton for the teaching of an “RF                              
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