Ex Parte Mikes et al - Page 2




                 Appeal No. 2006-2172                                                                                               
                 Application No. 10/685,270                                                                                         

                        Claim 1 is illustrative of the invention and reads as follows:                                              
                 1.  A system for multiplexing or demultiplexing optical signals, comprising:                                       
                 an optical fiber interface; and                                                                                    
                 a concentric spectrometer coupled to the optical fiber interface.                                                  
                 The Examiner relies on the following prior art:                                                                    
                 Dragone et al. (Dragone)   6,263,127   Jul. 17, 2001                                                               
                 Xiang et al. (Xiang)    6,266,140   Jul. 24, 2001                                                                  
                        Claims 1-9, all of the appealed claims, stand finally rejected under 35 U.S.C. § 103(a)                     
                 as being unpatentable over Dragone in view of Xiang.                                                               
                        Rather than reiterate the arguments of Appellants and the Examiner, reference is                            
                 made to the Briefs1 and Answer for the respective details.                                                         
                                                                OPINION                                                             
                        We have carefully considered the subject matter on appeal, the rejection advanced by                        
                 the Examiner and the evidence of obviousness relied upon by the Examiner as support for the                        
                 rejection.  We have, likewise, reviewed and taken into consideration, in reaching our                              
                 decision, Appellants’ arguments set forth in the Briefs along with the Examiner’s rationale in                     
                 support of the rejection and arguments in rebuttal set forth in the Examiner’s Answer.                             



                                                                                                                                   
                        1 The Appeal Brief was filed November 28, 2005.  In response to the Examiner’s                              
                 Answer mailed February 22, 2006, a Reply Brief was filed April 18, 2006, which was                                 
                 acknowledged and entered by the Examiner as indicated in the communication dated May                               
                 15, 2006.                                                                                                          

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