Ex Parte Schrodinger - Page 3



              Appeal No. 2007-0400                                                                                      
              Application 10/788,054                                                                                    

              (Specification 6:26-7:4) (discussing the operation of the same components in the                          
              embodiment depicted in Figure 1).  Control module 70 is responsive to                                     
              measurement output signals M1-M3 generated by monitor amplifier 90 in response                            
              to the monitor elements 300, 310, and 320 (id. at 7:20-31).  If the control module                        
              ascertains that the optical output power generated by the emission element 40 is                          
              too low or that the operating current required to achieve the prescribed minimum                          
              optical emission power is too high, the control module deduces that the emission                          
              element 40 is defective, at which time it switches off emission element 40 and                            
              switches on one of emission elements 50 and 60 (id. at 7:33-8:3).                                         
                                                   THE CLAIMS                                                           
                     Claims 1 and 22 are the only independent claims, of which claim 22 reads:                          
                            22.  A method for operating a redundant optical emission                                    
                     module having at least two emission elements, comprising:                                          
                            measuring the optical power of each emission element by a                                   
                     solely assigned respective monitor element;                                                        
                            switching at least one of the emission elements to an active                                
                     state; and                                                                                         
                            switching at least one of the other emission elements to a                                  
                     passive state in an emission mode of the emission module.                                          
                     Because Appellant’s arguments regarding claim 22 (Br. 6-7) are the same as                         
              the arguments regarding claim 1 (Br. 3-5) and both claims are rejected on the same                        
              ground, we will limit our consideration of those two claims to claim 1 pursuant to                        
              our authority under 37 C.F.R. § 41.37(c)(1)(vii) (2005).                                                  

                                                                                                                       
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