Appeal No. 1999-2435 5
Application No. 08/872,876
plunger 7 with a fitting 13b so as to provide means for producing a relatively high vacuum
in the space 14 between the members 10 and 12.” See column 2, line 72 to column 3,
line 3. Member 10 is the glass rod. Member 12 is the tubular glass member surrounding
the rod. The only gas present is that limited and static amount present between members
10 and 12. Although this gas can be evacuated as the tubular glass member enters into
contact with the glass rod upon heating, it does not supply a flow of gas through an inlet
which in and of itself generates a condition of reduced pressure in response to said flow of
gas, as required by the claimed subject matter. Indeed, in the absence of the vacuum line
13a, the gas pressure would have increased as the tubular member 12 entered into contact
with the glass rod 10 and said gas flowed out of 13a or become entrapped in either the
glass rod or the tubular glass member as it softened and became molten, thereby resulting
in imperfections in the optical fiber. Indeed Hicks states that, “[b]y providing the
relatively high vacuum in the space 14 while simultaneously controlling the rate of
collapsing of the tubular member 12 with the low vacuum in the space 16, a substantially
perfect interface which is free of air or gas bubbles or the like will result since all air or
gases which might form during the heating of the rod and tubular member will be forced
upwardly by the upward collapsing of the tubular member 12 and be drawn outwardly of
the space 14 by the vacuum line 13a.” See column 3, lines 23-33.
Based upon the above findings and analysis, we conclude that no flow of gas which
results in a condition of reduced pressure occurs through inlet 13 in the absence of vacuum
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