Ex Parte Benda et al - Page 9


          Appeal No. 2005-0783                                                        
          Application No. 10/039,094                                                  

                                     Rejection (7)                                    
               This rejection is affirmed.                                            
               Kim ‘342 discloses a method for forming a single-mode grating          
          on an optical fiber by using a laser beam to deform the molecular           
          structure of the portions of the fiber exposed to the beam (Kim:            
          col. 1, ll. 58-67; Fig. 1).                                                 
               As indicated by the examiner, Fig. 2 of Kim ‘342 suggests that         
          a two-mode fiber grating may be fabricated by generating                    
          deformations, i.e. exposed portions 30', from opposite sides of the         
          fiber so that the portions 30' are “asymmetrically formed along the         
          fiber axis” (col. 2, ll. 2-9).                                              
               We agree with the examiner that one of ordinary skill in the           
          art would have drawn a reasonable inference from the Kim disclosure         
          (taken in conjunction with Fig. 2) that a second laser beam,                
          circumferentially and axially displaced relative to the first beam,         
          would be required on the other side of the fiber (relative to the           
          side exposed in Fig. 1) to form the “two-mode” pattern of exposed           
          regions shown in Fig. 2.  Appellants have failed to present any             
          convincing argument or evidence in rebuttal.                                
               For the foregoing reasons, the decision of the examiner is             
          affirmed.                                                                   



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