Ex parte STACEY et al. - Page 6




          Appeal No. 97-0313                                                          
          Application No. 08/346,083                                                  


          examiner present the same arguments that were made for the                  
          rejection over McAllister in view of French '510.  In                       
          addition, appellants maintain that "[t]he perfluorinated alkyl              
          methacrylate polymers disclosed in Savu are directed to                     
          cladding materials for optical fibers; whereas the inventive                
          perfluorocyclohexylmethyl substituted fluoroacrylates are                   
          directed to the core of the optical fiber" (page 14 of Brief).              
          However, as noted by the examiner, claim 13 on appeal defines               
          an "optical element" and, thereby, is not limited to the core               
          of an optical fiber, but encompasses the cladding material of               
          an optical element.  Consequently, appellants' argument is not              
          germane to the claimed subject matter.                                      
               In conclusion, based on the foregoing and the reasons                  
          well-stated by the examiner, the examiner's decision rejecting              
          the appealed claims is affirmed.                                            
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under                           
          37 CFR § 1.136(a).                                                          
                                      AFFIRMED                                        


                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
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