Ex Parte Datesman et al - Page 12



           Appeal No. 2006-1095                                                  Page 12             
           Application No. 10/280,188                                                                

           or layer [answer, page 19, cont’d page 20; see also Dietz at col. 8, line 45              

           through col. 9, line 7].  The examiner notes that Dietz further discloses that            

           a probe beam interacting with the surface or layer undergoes an amplitude                 

           and phase change proportional to the concentration of the chemical or                     

           biological agents attached to the surface or layer [answer, page 20; see also             

           Dietz at col. 8, line 66 through col. 9, line 7].  The examiner asserts that the          

           phase change results from a change in refractive index due to the binding of              

           chemical or biological agents to the surface or layer [answer, page 20].  The             

           examiner asserts that a change in refractive index produces a change in the               

           mode propagation constants, which produces a change in the optical path                   

           length of the light and a total phase shift proportional to the average change            

           in the propagation constant per unit length [answer, page 20, ¶2].  The                   

           examiner further asserts that for two or more modes propagating in the                    

           region of refractive index change, wherein the two or more modes interfere,               

           the overall phase shift in an interference pattern is equal to the relative               

           phase shift between the two or more modes, which results from the change                  

           of propagation constants for each mode due to the change in refractive                    

           index [id.].  The examiner concludes that the multiple propagation modes                  

           are affected by the change in refractive index that is proportional to the                

           concentration of the chemical or biological agents that bind to the coupling              









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