Appeal 2007-2223
Application 09/975,168
relying on Kartalopoulos. Therefore, we agree with the Examiner (Answer
13-14) that while Sharma may not specify the fiber type, the reference does
disclose using an optical fiber as the network bus for a multimode light
source (FF 2) and that the fiber type may be determined by the choices
described in Kartalopoulos between a single mode bus and a multimode bus
based on the advantages of each bus type (FFs 4-6).
Appellants further argue that mere mentioning the properties of a
multimode fiber in Kartalopoulos does not in itself support using multimode
buses in telecommunications systems where in fact, using a single mode
fiber for its bit rate and transmission distance is suggested (Br. 9). Again,
we agree with the Examiner (Answer 15) that the disclosed fiber properties
in Kartalopoulos, indicating the ease in splicing and coupling, does suggest
using multimode fibers in applications requiring a span of up to 40 km at a
bit rate of up to 100 Mbps (FF 5). We also find Appellants’ attempt to rely
on additional prior art references to establish the use of multimode fibers in
telecommunications system as being contrary to the accepted wisdom in the
art (Br. 8) to be immaterial.1 As discussed above, although Kartalopoulos
mentions the span over a larger distance as the benefit of using the single
mode fiber, Kartalopoulos also provides other properties, such as ease in
splicing and coupling, as the benefits of using a multimode fiber, when a
larger fiber span is not critical (FFs 5 & 6).
1 Although we do not need to address these cited prior art, it is worth noting
that one of the references (Liou, US 7,031,612 B2, Apr. 18, 2006) does
support the Examiner’s position by mentioning that the LAN communication
fiber may be either multimode or single mode, depending on the distance the
signal is to travel making the single mode more suitable for the long distance
(col. 1, ll. 44-49).
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