Ex Parte Cole et al - Page 10




          Appeal No. 2006-1685                                                          
          Application No. 10/081,369                                                    
                                                                                       
          applied prior art [answer, pages 5-6].  In addition to the                    
          arguments considered above, appellants argue that the examiner                
          has failed to provide evidence in support of the findings with                
          respect to claims 14 and 15.  They also argue that the claimed                
          overlapping feature of the wavelengths would destroy the ability              
          of Tokuda to distinguish between frequencies [brief, pages 14-                
          15].  The examiner disagrees with appellants’ position and points             
          to portions of Kozlowski and Cole in support of the rejection of              
          claims 14 and 15 [answer, page 10].  Appellants respond that                  
          Yokoi does not make up for the deficiencies in the combination of             
          Cole and Tokuda [reply brief, page 3].                                        






















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