Ex Parte Akasaka - Page 7


                Appeal 2007-0680                                                                                  
                Application 10/655,901                                                                            

            1   span to be importing limitations from the specification into the claims.                          
            2   Through a similar analysis we do not find that claim 11 recites simultaneous                      
            3   forward and backward pumping of a fiber span.                                                     
            4          Claim 1 also recites “wherein a power of the first portion of the first                    
            5   light beam is not equal to a power of the second portion of the first light                       
            6   beam; and wherein a power of the first portion of the second light beam is                        
            7   not equal to a power of the second portion of the second light beam.”  Thus,                      
            8   claim 1 recites that the beam from the first pump is split into two unequal                       
            9   parts and that the beam from the second pump is split into two unequal parts.                     
          10    Accordingly, we disagree with the Examiner’s claim interpretation and find                        
          11    that claim 1 recites an uneven split of a single light beam.                                      
          12           Having determined the scope of the claims, we next consider the art                        
          13    applied to reject the claims.  Independent claims 1 and 11 stand rejected over                    
          14    Grubb in view of Fludger.  The Examiner’s rejection relies upon the system                        
          15    arrangement depicted in figure 5(a) of Grubb.  As discussed supra, we find                        
          16    that Grubb provides scant description of how the fiber segments 28, 30 or 40                      
          17    are being pumped.  Thus, we find that Grubb alone fails to provide                                
          18    substantial evidence of using one laser through a splitter to forward pump                        
          19    one fiber segment and reverse one fiber segment.  As discussed supra,                             
          20    Grubb is silent as to the operation of splitter 24 and as such fails to provide                   
          21    substantial evidence of splitting a single beam in to two un-equal parts.                         
          22    Further, we find no discussion in Fludger of splitting a beam into two                            
          23    unequal parts.  Thus, we do not find that the combination of Grubb and                            
          24    Fludger teach all of the limitations of independent claims 1 and 11.                              


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