Appeal 2007-1710
Application 10/098,016
FINDINGS OF FACT
1. Nishio teaches an optical system. Title.
2. Nishio’s system consists of a laser (item 1), a mirror (item 2),
several beam splitters (items 3-1, 3-2, and 14), a modulator (item
12), several light detecting elements (4-1, 4-2 and 18), several lenses
(items 13, 16, and 17), and a quarter wave plate (item 15). There are
numerous beam paths in this system. See figure 3 and col. 2, ll. 18-
52.
3. The Examiner finds, on page 8 of the Answer that item 30 in
Nishio’s figure 3, is a housing that inherently includes a mounting
for detectors. Appellants’ arguments do not dispute this finding, but
rather focus on Nishio not teaching separate device for adjusting in a
housing.
4. The photo detectors 4-1 and 4-2 each contain 4 sensing elements.
Figure 2 and col. 2, l. 5.
5. The photo detector item 18 is used to adjust the focus of lens item
16. Col. 2, ll. 45-49.
6. Nishio teaches that the alignment of the optical axis in optical
systems is important. Col. 1, ll. 5-9.
7. Nishio depicts the elements discussed in fact 2, in figure 3 as all
contained in one device item 30. Figure 3.
8. Nishio teaches that the outputs from photo detectors 4-1 and 4-2 are
used to adjust the main beam by mirror 11. Nishio does not identify
how the outputs of the photo detectors are displayed. The locations
of the other optical elements of the system are not adjusted. Col. 2,
ll. 53-63.
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