Ex parte AINSLIE et al. - Page 8




          Appeal No. 1996-2991                                                         
          Application 08/302,931                                                       


          well as the recognition that gratings were formed in the                     
          boron-doped core glass of Farries, it is apparent to us that                 
          the art clearly would have recognized quickly the formation of               
          the refractive index patterns by spacially modulating them to                
          form the claimed gratings therein in the manner claimed.                     
          Stated differently, the mere presence of the boron in the core               
          material of Farries would not have inhibited the artisan, in                 
          our view, from utilizing such a glass for the core portion of                
          an optical fiber, since the teachings in Farries already                     
          indicate that the core contains the germanium silica glass                   
          which has already been known, in accordance with Legoubin and                
          appellants' admitted prior art in the noted portions of pages                
          1 and 2 of the specification as filed, to be photosensitive                  
          and therefore provide the claimed gratings.                                  
               The specific wavelength peaks noted in claims 10, 12 and                
          13 and the range or band noted at the end of independent claim               
          14 and dependent claim 11 clearly would have been obvious to                 
          the artisan because the prior art recognized such as indicated               
          at page 2 of appellants' specification as filed for germano-                 
          silicate glasses.                                                            


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