Appeal No. 1996-2991
Application 08/302,931
of the gratings formed in Farries, there is a photosensitivity
of the core material of the fiber therein, where the fiber
core is clearly taught to contain boron.
To the extent appellants' arguments are predicated on the
discovery that boron oxide increases or enhances the
sensitivity of boron-doped glasses to radiation, the claims do
not recite this increased sensitivity. Appellants' claims are
much broader in generally attempting to claim boron-doped
glass where the reflection gratings therein are due not
necessarily to the boron but to the germanium-doped silica or
glass material, a feature known in the art. Appellants'
feature is indirectly reflected in the table at page 11 of
appellants' specification. There it is shown that increased
reflectivity of the grating results in accordance with
appellants' realization or discovery. What is also argued
indirectly is that the input energy required is greatly
lessened according to this table, a feature also not recited
in any claim on appeal.
We do not extend the rejection under 35 U.S.C. § 103 to
independent claim 1 and its respective dependent claims 2, 3,
6, 7 and 16 because this is the only claim on appeal that
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