Appeal No. 2006-1058
Application No. 10/034,073
3. A grating having a groove cross section shape and a
groove bottom part, wherein said groove cross section shape is a
half sawtooth wave and said groove bottom part is shaped as a
flat form.
The examiner relies upon the following references in the
rejections of the appealed claims:
Okayama et al. (Okayama) 5,280,388 Jan. 18, 1994
Kataoka 5,444,567 Aug. 22, 1995
Imamura et al. (Imamura) 6,099,146 Aug. 8, 2000
Appellants' claimed invention is directed to a grating
having a groove cross section shape and a groove bottom part.
Claim 1 on appeal recites that the groove cross section shape is
a half sinusoidal wave, whereas claim 3 recites that the groove
cross section shape is a half sawtooth wave. The groove bottom
part of the gratings of claims 1 and 3 is shaped as a flat form.
Appealed claims 1 and 5 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by either Okayama or Kataoka.
Claims 3, 5, 8 and 9 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Imamura. Claim 2 stands rejected under
35 U.S.C. § 103(a) as being unpatentable over either Okayama or
Kataoka in view of Imamura.
We have thoroughly reviewed the respective positions
advanced by appellants and the examiner. In so doing, we will
affirm the examiner's § 102 rejection of claims 1 and 5 to the
-2-
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007