Ex Parte M et al - Page 6



                Appeal 2007-1851                                                                             
                Application 10/020,461                                                                       

                Bazylenko, Johnson discloses that the invention is directed to forming                       
                optical waveguides and optical multiplexers (see col. 1, second para., and                   
                col. 2, ll. 54-62).  Consequently, we are satisfied that one of ordinary skill in            
                the art would have understood that the high density plasma deposition                        
                method taught by Johnson can be used to form a plurality, and not just one,                  
                silicate glass optical core over an undercladding.  Again, we agree with the                 
                Examiner that Dragone further evidences the obviousness of forming such a                    
                plurality of optical cores.  As for the difference in index of refraction of the             
                core and the undercladding, Appellants acknowledge that “Johnson does                        
                disclose that the optical cladding can include any number of materials                       
                having a lower index of refraction than the thin film forming the optical                    
                component” (principal Br. 14, second para.).  As discussed above, Kyoto, as                  
                well as, for that matter, Bazylenko, evidences that a difference in index of                 
                refraction of greater than 2% was conventional in the art.                                   
                      Regarding separately argued claim 15, which calls for forming the                      
                optical cores by etching a substantially continuous optical core layer,                      
                Bazylenko expressly discloses that “[o]ther standard fabrication processes                   
                (for example chemical etching) may be utilised with the method of the                        
                present invention . . .” (col. 2, ll. 48 et seq.).  Furthermore, as pointed out by           
                the Examiner, Dragone teaches the use of photolithographic techniques,                       
                which include etching, to pattern the waveguides (see col. 6, ll. 41-46).                    
                      Appellants also separately argue claims 24-27, 31-33, and 39-41                        
                which recite the use of nitrogen as a source gas.  We do not subscribe to                    

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