Ex Parte McIntyre et al - Page 8

              Appeal 2007-2202                                                                                           
              Application 10/608,169                                                                                     

              maintain.  We consider this basic control to meet the logic of claim 1.  However,                          
              we do not find that this control necessarily contains a storage (memory) containing                        
              a frequency and a temperature associated with the frequency.  Thus, we do not                              
              consider this control to meet the logic device of claim 7.                                                 
                     For the aforementioned reasons we reverse the Examiner’s rejection of                               
              independent claim 7 and dependent claims 8, 10, 11, and 13 under 35 U.S.C.                                 
              § 102(b) as being anticipated by Huber.  However, we affirm the Examiner’s                                 
              rejection of independent claim 1.  Appellants have not provided separate                                   
              arguments directed to dependent claims 2, 3, and 6.  Accordingly, similarly, we                            
              affirm the Examiner’s rejection of claims 2, 3, and 6 under 35 U.S.C. § 102(b) as                          
              being anticipated by Huber.                                                                                

                     Anticipation rejection based upon Ueda.                                                             
                     Appellants argue, on page 8 of the Brief, that the Examiner’s rejection under                       
              35 U.S.C. § 102(e) based upon Ueda is in error.  Appellants reason that “[i]n the                          
              present application, the temperature of the resonator directly affects the refractive                      
              index of the resonator, thereby determining the frequency selected by the circuit.                         
              Consequently, the waveguides of Ueda are not resonators.”  (Brief 8-9.)                                    
              Appellants also argue that the claims recite a photonic switch which retrieves a                           
              temperature/frequency pair from logic in a precise frequency selection scheme                              
              which is not taught by Ueda.  Further, Appellants argue, that for the reasons                              
              discussed with respect to Huber, Ueda does not inherently teach logic as claimed.                          
              (Brief 9.)                                                                                                 
                     The Examiner responds, on page 10 of the Answer, stating:                                           
                     Appellant has not defined what a "resonator" is, only stating what the                              
                     resonator does ("In the present application, the temperature of the resonator                       

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