Appeal No. 1998-0259
Application No. 08/391,817
formed solely in the encapsulant material, this argument fails
at the outset because it is not based on a limitation
appearing in the claim. Thus, whether the feature is formed
solely in the encapsulant is immaterial. See In re Self, 671
F.2d 1344, 1350, 213 USPQ 1, 5 ((CCPA 1982).
Nakazawa
The Examiner explains that Nakazawa's Figure 1
anticipates claim 1 with the substrate being element 2a, the
optical fiber being element 3, the encapsulant being elements
5 and 12, and the feature being element 12a (V-groove)(answer-
page 5).
Appellants argue that Nakazawa's feature is formed into
the substrate itself and not solely in the encapsulant, and
that there is no disclosure of "an optical fiber retaining
feature formed in the encapsulant material over the flat
surface of the substrate." (Brief-page 7.)
Viewing Nakazawa's Figure 1, we agree with the Examiner.
With respect to Appellants' argument that the feature be
formed solely in the encapsulant material, this argument fails
at the outset because it is not based on a limitation
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