Appeal 2007-1710
Application 10/098,016
at least a first photo detector and a second photo detector both
mounted on a housing part of the device and disposed apart from the
beam path of the optical system at different distances from the
coupling-in point; and
at least one beam splitter being arranged along the optical axis
of the device in the coupled in light beam and directing the coupled in
light beam to at least one photo detector.
REFERENCES
The references relied upon by the Examiner are:
Nishio US 4,627,725 Dec. 9, 1986
Edwards US 4,889,425 Dec. 26, 1989
REJECTIONS AT ISSUE
Claims 1 through 5, 7 through 12, and 18 through 21 stand rejected
under 35 U.S.C. § 102(b) as being anticipated by Nishio. The Examiner’s
rejection is set forth on pages 3 through 6 of the Answer.
Claims 6 and 13 through 17 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Nishio in view of Edwards. The Examiner’s
rejection is set forth on page 6 of the Answer.
Throughout the opinion, we make reference to the Brief (received
August 09, 2004), the Reply Brief (received December 01, 2004) and the
Answer (mailed May 18, 2006) for the respective details thereof.
ISSUES
Appellants contend that the Examiner’s rejection of claims 1 through
5, 7 through 12, and 18 through 21 under 35 U.S.C. § 102(b) is in error.
Appellants argue that Nishio does not teach the coupled-in beam as claimed.
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