Ex parte ODANAKA - Page 7




          Appeal No. 1996-3152                                                        
          Application No. 08/043,743                                                  


          Hirano for a teaching of a shape memory alloy used to control               
          the shape of an optical fiber.  Hirano discloses at page 6 and              
          in Fig. 2 an assembly structure for an optical conductor                    
          including a shape memory alloy 3 surrounding an auxiliary                   
          metal material 2 and an optical fiber 1.  Hirano teaches that               
          the cable illustrated in Fig. 2 is made by fixing the cross-                
          sectional shape of the shape memory alloy as shown in Fig. 3A               
          (the memorized shape).  The shape memory alloy is then                      
          deformed or processed to the shape shown in Fig. 3C.  The                   
          optical fiber 1 and auxiliary metal 2 are next placed in the                
          shape memory alloy 3 (Fig. 3D) and fixed therein by heating                 
          the alloy to the prescribed temperature such that the shape                 
          memory alloy 3 returns to its memorized shape (Fig. 3E).  In                
          addition, Hirano teaches (page 7) that the                                  




          assembled optical cable 10' can be processed to memorize a                  
          desired shape, such as, the curved shape shown in Fig. 4 or 5.              


               Appellant argues (supplemental reply brief, page 2) that               
          the tubular member recited in claim 1 is heated only once to                
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