Ex Parte Weaver et al - Page 8

                 Appeal 2007-2223                                                                                        
                 Application 09/975,168                                                                                  

                        Appellants further dispute the combinability of Sharma and                                       
                 Kartalopoulos based on the assertion that Sharma teaches away from using a                              
                 multimode fiber since using the multimode fiber of Kartalopoulos in a                                   
                 telecommunications system is contrary to the accepted wisdom in the art                                 
                 (Br. 10; Reply Br. 4-5).  The Examiner responds by relying on the benefits                              
                 of using a multimode fiber in optical telecommunications networks as                                    
                 disclosed by Kartalopoulos and concludes that, in spite of the prior art cited                          
                 by Appellants, one of ordinary skill in the art would have combined the                                 
                 references to achieve proper fiber splice and good light coupling (Answer                               
                 17).  We agree with the Examiner.  Additionally, contrary to Appellants’                                
                 assertion (Reply Br. 4-5), a description of the problems in splicing or                                 
                 coupling the single mode fiber in Sharma is not required for the combination                            
                 of Sharma and Kartalopoulos to be proper.  As discussed above and                                       
                 conceded by Appellants, Sharma may use either a single mode fiber or a                                  
                 multimode fiber, which are suggested by Kartalopoulos based on the specific                             
                 properties that are desired or acceptable for a particular application.  In fact,                       
                 since Kartalopoulos outlines the advantages and drawbacks of both single                                
                 mode and multimode network buses (FF 4-6), one of ordinary skill in the art                             
                 would have combined the references and used a multimode network bus in                                  
                 Sharma to benefit from the known and predictable properties of such                                     
                 multimode bus.  See KSR, surpa.                                                                         
                        Therefore, based on our analysis of the claims and the applied prior                             
                 art, we find that one of ordinary skill in the art would have combined                                  
                 Sharma with Kartalopoulos in the manner suggested by the Examiner.                                      
                 Accordingly, we sustain the rejection claims 1-20 under 35 U.S.C. § 103                                 
                 over Sharma and Kartalopoulos.                                                                          

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