Appeal No. 1997-0704
Application No. 08/324,855
subject matter on appeal within the meaning of 35 U.S.C. §
102. The reference must clearly and unequivocally disclose
the claimed subject matter or direct those skilled in the art
to the claimed subject matter without any need for picking,
choosing and combining various disclosures not directly
related to each other by the teachings of the cited reference.
In re Arkley, 455 F.2d 586, 587,
172 USPQ 524, 526 (CCPA 1972); see also In re Ruschig,
343 F.2d 965, 974, 145 USPQ 274, 282 (CCPA 1965). For the
foregoing reasons, the rejection of claims 35 and 37-48 under
§ 102(b) over Dueber is reversed.
The examiner finds that Moyer teaches "the claimed method
including the specific unsaturated monomers," citing column 8,
lines 10-50 and Examples 1-3 (Answer, page 4). Moyer, which
is the only prior art applied which is directed to waveguides,
teaches increased stability of waveguides at elevated
temperatures by forming the waveguides from polymerizable
compositions including "at least one" polyfunctional
unsaturated monomer listed at column 8, lines 34-50 (see
column 1, lines
7
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