Ex Parte Bozso et al - Page 8



          Appeal No. 2006-1150                                                        
          Application No. 10/317,585                                                  

          first optical signal is transmitted in a first direction, while             
          the second optical signal is transmitted in a second direction              
          and into the same optical channel into which the first optical              
          source transmitted.                                                         
               In Kim, the first optical signal channel is represented by             
          arrows 111 in Figure 1.  A second optical channel is represented            
          by arrows 112 in that same Figure (see column 7, lines 33-34, and           
          39-40).  While column 9, lines 33-36, of Kim recites that:                  
                    Optical signals 120a and 120b may be communicated                 
                    in both directions from distributor 84c through the               
                    second optical signal channel provided by optical                 
                    waveguiding plate 32. See arrows 112 of FIG. 1,                   
          making it sound like we have two optical signals in two different           
          directions in a single optical channel, the instant claim                   
          language is not met.  Claims 23 and 29 require that the first               
          optical signal must come from a first optical source while the              
          second optical signal must come from a second optical source.  It           
          does not appear reasonable to assume that the first and second              
          optical sources may be one and the same.  If so, the claims would           
          not label them “first” and “second.”  Therefore, the first and              
          second optical sources are to be different.  The situation                  
          described at column 9 of Kim describes a single optical source,             
          optical signal 120 generated from optical transmitter 102c being            
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