Appeal No. 2002-0417
Application No. 08/973,213
coated optical fiber is held, the duration for which the coated
optical fiber is held at that temperature, and the extent of
delamination between the coating and the underlying element"
(page 3 of principal brief, last paragraph). Appellants maintain
that "the number of delaminations can be reduced significantly by
holding the coated fiber for a period of time" in accordance with
the recited relationship (id.).
Appealed claims 1-7 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Field in view of Chu and Roderburg, and
optionally in view of Gutek.
We have thoroughly reviewed the respective positions
advanced by appellants and the examiner. In so doing, we are in
agreement with appellants that the examiner has not established a
prima facie case of obviousness for the claimed subject matter.
Accordingly, we will not sustain the examiner's rejection.
There is no dispute that it was known in the art to wind and
rewind an optical fiber bearing a coating of a UV-cured resin,
and the examiner has established that it was known in the art
that the UV curing could effect a superficial curing of the
coated resin while the remaining underlying resin could undergo
curing during storage. Consequently, the examiner concludes that
"[o]ne of ordinary skill would easily recognize the economical
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