Appeal 2007-2202
Application 10/608,169
prior art products do not necessarily or inherently possess the characteristics of his
claimed product."). See also In re Spada, 911 F.2d 705, 708-09, 15 USPQ2d 1655,
1657-58 (Fed. Cir. 1990).
ANALYSIS
Anticipation rejection based upon Huber.
Appellants argue, on page 5 of the Brief, that the Examiner’s rejection under
35 U.S.C. § 102(b) based on Huber is in error. Appellants reason that “[t]he
grating 18 of Huber is a mirror that depends on the physical alteration on the
period of the grating to determine the wavelength of light that is reflected by the
laser” and as such does not meet the claimed resonator. (Brief 5-6.)
The Examiner responds, on page 8 of the Answer, stating:
The grating 18 constitutes a partially transmitting mirror which is an integral
part of the optical fiber laser 17, which by definition is a resonator.
Generally, a resonator is a device that under certain conditions achieves a
specific operational condition, the so called resonance condition. It is noted
that Appellant has not provided a definition or a description of what a
"resonator" is, other than stating in couple occasions that "Used as a switch,
a photonic resonator can be turn on, i.e., permit the passage of light of a
certain frequency, or turned off, i.e., not allow the passage of light of a
certain frequency', see [00002] of Disclosure. Huber's laser is an optical
resonator, which depending on certain parameters, such as the physical
properties of the optical cavity (comprising mirror 14, partial mirror/grating
18 and the length of optical fiber 16 between said two mirrors), achieves
resonance condition for lasing, i.e., emitting light of specific only
wavelength/frequency.
Appellants address the Examiner’s response by arguing “Huber does [not]
vary the refractive index of a resonator, but changes the grating spacing of a laser
cavity by heating piezoelectric means. It does not teach a color selection by
changing the refractive index of a resonator.” (Reply Brief 2.)
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