Ex Parte Akasaka - Page 4


                Appeal 2007-0680                                                                                  
                Application 10/655,901                                                                            

            1          Appellant contends that the Examiner’s rejection of independent                            
            2   claims 1 and 11 under 35 U.S.C. § 103(a) is in error.  Appellant argues that                      
            3   Fludger does not discuss the effects on RIN1 in a fiber that is both forward                      
            4   and reversed pumped with unequal power.  Further, Appellant argues that                           
            5   because Fludger teaches that counter-pumping is favored over co-pumping,                          
            6   Fludger teaches away from combined forward and reverse pumping                                    
            7   implemented simultaneously over a single length of fiber, as taught by                            
            8   Grubb (Br. 7-9).                                                                                  
            9          The Examiner asserts that the rejection is proper.  The Examiner                           
          10    states, on page 7 of the Answer, that simultaneous forward and backward                           
          11    pumping and an uneven split of a single light beam are not limitations                            
          12    recited in the independent claims.  Further, the Examiner asserts that Fludger                    
          13    is directed to performance over a transmission system.                                            
          14           Appellant rebuts the Examiner’s claim interpretation in the Reply                          
          15    Brief, asserting the independent claims 1 and 11 recite simultaneously                            
          16    forward and reverse pumping a fiber strand and an uneven split of a single                        
          17    light beam (Reply Br. 3-4).                                                                       
          18           Thus, the issues before us are whether the independent claims recite                       
          19    simultaneously forward and reverse (co-pumping and counter-pumping) a                             
          20    fiber strand, and an uneven split of a single light beam.  The further issue is                   
          21    whether the combination of the references teaches these limitations.                              
          22                                                                                                      
          23                                    FINDINGS OF FACT                                                  
                                                                                                                 
                1 “RIN” stands for relative intensity noise (Fludger 16, left column).                            

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