Appeal 2007-1064 Application 10/059,242 Rather than reiterate the opposing arguments, reference is made to the Briefs and the Answer for the respective positions of Appellant and the Examiner. We reverse. ISSUE To show that the Examiner erred in rejecting the claims under 35 U.S.C. § 103(a) (2004), Appellant’s arguments focus on the claimed limitation related to a reference beam having “a substantially uniform intensity profile on a region of the holographic recording medium” (Br. 4). The issue turns on whether the combination of Chern with Cowan teaches or suggests the claimed subject matter. Specifically, the issue is: whether the prior art teachings disclose or suggest the claimed subject matter including an apodizer that can produce a substantially uniform profile on a region of the recording medium. FINDINGS OF FACT Appellant’s claim 1 requires an apodizer that produces a modulated reference beam from the impinging reference beam. The produced beam is further required to have a substantially uniform intensity profile on a region of the holographic recording medium, be off-axis from normal at a point in the region of the medium, and be converging or diverging at a point in the region. This arrangement is described as the solution to the problem of unequal distribution of the illuminated spot on the recording medium when the reference beam is of a convergent and/or divergent nature (Specification 6, ¶ 0015). 3Page: Previous 1 2 3 4 5 6 7 Next
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