Appeal No. 2000-1182
Application No. 08/957,554
well as disclosing structure which is capable of performing
the recited functional limitations. RCA Corp. v. Applied
Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385,
388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984). As to
the particular limitation at issue, the examiner asserts
(Final Rejection, pages 2-3, and Answer, pages 5-6) that in
Ishiharada I the phrase "mean roughness" and the teaching of
adjusting the surface roughness to increase luminance suggest
a range of degrees of roughness such that different regions
have different degrees of roughness. Appellants argue (Brief,
page 5) that there is no discussion in Ishiharada I of
providing different values of mean surface roughness along a
single optical transmission tube. According to appellants
(Brief, pages 5-7, and Reply Brief, pages 2-4), the mean
surface roughness described in Ishiharada I is constant along
the entire length of the waveguide.
We have carefully reviewed Ishiharada I, and we agree
with appellants that there is no disclosure of a plurality of
roughened regions along the length of the cladding with at
least two of the regions having different degrees of roughness
as recited in claim 1. Ishiharada I discloses adjusting the
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