Appeal No. 2001-2134
Application No. 09/101,276
the claims recite “adiabatically tapered fibre cores.” This
taper is arranged to conserve energy within the same optical
mode, i.e., the definition of “adiabatically” is that no energy
is lost. Accordingly, this term, used in the claim, supports
appellants’ assertion that the claimed device is “low-loss.”
Moreover, the only consideration the examiner gives to the
claimed term, “adiabatically,” is to imply in the statement of
the rejection, at page 3 of the answer, that tapering by
uniformly stretching all of the fibers in the bundle using heat
until a desired diameter of the bundle at the narrow end of the
taper is achieved is, somehow, “adiabatically tapered.” However,
the examiner gives no explanation as to why Wong’s taper using
heat somehow results in “adiabatically tapering.” There is no
further discussion by the examiner, in the response section of
the answer, as to the “adiabatically tapering” claim limitation.
Accordingly, since the examiner has not adequately addressed
all of the claim limitations, no prima facie case of obviousness
has been made and we will not sustain the rejection of claims 1-4
under 35 U.S.C. 103.
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