Ex Parte M - Page 3



                  Appeal 2007-1312                                                                                          
                  Application 10/997,715                                                                                    

                  between them and a first upper cladding layer is deposited within the gaps                                
                  with a high-density plasma process (HDPCVD).  The first upper cladding                                    
                  layer partially fills the gaps and a second upper cladding layer is deposited                             
                  over the first upper cladding layer with a plasma-enhanced chemical vapor                                 
                  deposition process (PECVD).  The HDPCVD process for depositing the first                                  
                  uppercladding layer has a deposition-sputter ratio between 3:1 and 10:1.                                  
                         As acknowledged by Appellant, the present application is related to                                
                  U.S. Application 10/020,461, which is also presently on appeal before us for                              
                  decision (Appeal 2007-1851).  The appealed claims of both the present                                     
                  application and the related application recite the formation of a plurality of                            
                  separated optical cores over an undercladding layer having gaps formed                                    
                  between the cores.                                                                                        
                         The appealed claims stand rejected under 35 U.S.C. § 103(a) as                                     
                  follows:                                                                                                  
                         (a) claims 1-7, 13-15, 18, 20, and 29 over Bazylenko in view of                                    
                  Dragone, Liu, and Shieh;                                                                                  
                         (b) claim 8 over Bazylenko in view of Dragone, Liu, Shieh, and Ngai;                               
                         (c) claims 9-11 over Bazylenko in view of Dragone, Liu, Shieh,                                     
                  Imoto, and Zhong;                                                                                         
                         (d) claim 12 over Bazylenko in view of Dragone, Shieh, Liu, Zhong,                                 
                  Imoto, and Schneider;                                                                                     
                         (e) claim 16 over Bazylenko in view of Dragone, Liu, Shieh, and                                    
                  Rossman; and                                                                                              

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