Appeal No. 96-3092
Application 08/307,498
1017 (1986); ACS Hosp. Sys., Inc. v. Montefiore Hosp., 732
F.2d 1572, 1577, 221 USPQ 929, 933 (Fed. Cir. 1984). These
showings by the examiner are an essential part of complying
with the burden of presenting a prima facie case of
obviousness. Note In re Oetiker, 977 F.2d 1443, 1445, 24
USPQ2d 1443, 1444 (Fed. Cir. 1992).
The examiner basically cites Koht as teaching a device
in which optical fiber 46 is “wound” on a rotatable spool 202
and the optical fiber is coupled to a coupler or tap 34 by
rotation of the spool. The examiner recognizes that Koht does
not achieve end to end coupling of optical fibers as recited
in the claims. Both D’Auria and Cannon are cited as teaching
devices for achieving end to end coupling of optical fibers.
The examiner observed that it would have been obvious to
modify the Koht device to couple optical fibers in an end to
end relationship because that would provide for better
coupling [answer, pages
8-10].
Appellants assert that Koht describes only the side
engagement of optical fibers known as taps and teaches away
from end to end alignment. Although D’Auria and Cannon teach
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