Ex Parte King - Page 3

                 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).                                                                                           

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