Appeal No. 2006-1150
Application No. 10/317,585
c. transmitting an optical signal from a second optical
source; and,
d. checking a second optical receiver for said optical
signal.
The examiner relies on the following references:
Dummermuth 4,510,565 Apr. 09, 1985
Kim 6,661,940 Dec. 09, 2003
(filed Jul. 18, 2001)
Claims 1-5, 21, 23-26, and 28-32 stand rejected under 35
U.S.C. § 102 (e) as anticipated by Kim.
Claims 22, 27, and 33 stand rejected under 35 U.S.C. § 103
as unpatentable over Kim in view of Dummermuth.
Reference is made to the briefs and answer for the
respective positions of appellants and the examiner.
OPINION
A rejection for anticipation under section 102 requires that
the four corners of a single prior art document describe every
element of the claimed invention, either expressly or inherently,
such that a person of ordinary skill in the art could practice
the invention without undue experimentation. In re Paulsen, 30
F.3d 1475, 1478-79, 31 USPQ2d 1671, 1673 (Fed. Cir. 1994).
2
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