Ex Parte HAWK - Page 3



          Appeal No. 2001-1667                                                        
          Application No. 09/117,280                                                  

          preform and then drawing an optical fiber from the preform                  
          between rollers such that a controllable and predictable spin is            
          imparted on the fiber.  Specification, page 3, lines 23-32.                 
               According to appellant, an important feature of the claimed            
          method is that "the pivoting rollers impart spin to the fiber               
          without displacing the fiber from a vertical path or displacing             
          the fiber along the rollers."  Appeal Brief, page 2.  In                    
          particular, the method overcomes the undesirable affects of using           
          a single guide roller as taught by Hart wherein oscillation of              
          the fiber along the roller may subject the fiber to unwanted                
          abrasion and vibration which may affect non-contact measurements            
          of the fiber dimensions.  See Appeal Brief, page 5, summary of              
          Hart.                                                                       
               Discussion                                                             
               During patent examination, the examiner bears the initial              
          burden of presenting a prima facie case of unpatentability.  In             
          re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir.            
          1992).  To establish a prima facie case of obviousness, the                 
          examiner must identify "some objective teaching in the prior art            
          or that knowledge generally available to one of ordinary skill in           
          the art would lead that individual to combine the relevant                  

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