Ex Parte CHIQUET et al - Page 4



          Appeal No. 2002-2101                                                        
          Application 09/068,540                                                      

          I.   Claim interpretation and the Anticipation Rejection                    
               According to appellants’ invention, it is not necessary to             
          apply as high a fiber-drawing temperature as in the prior art for           
          the purpose of filling empty volumes 23 (depicted in Figure 2).             
          This provides for less eccentricity and less deformation of the             
          core of fiber product.  See page 7, lines 25-29 of appellants’              
          specification.  This is achieved by selecting a material (as the            
          intermediate tube) that has a particular viscosity value.   More            
          particularly, the intermediate tube is inserted in the empty                
          volume and the intermediate tube possesses a viscosity at fiber             
          drawing temperature which is less than the viscosities at fiber             
          drawing temperature of the mother preform and of the outer tube.            
          See page 7, lines 19-25.                                                    
               Upon heating, intermediate tube 21 softens, thereby filling            
          the empty volumes and the material constituting the intermediate            
          tube is intended to become an integral portion of the fiber. See            
          page 6, lines 31- through page 7, line 18.                                  
               In view of the aforementioned disclosure found in                      
          appellants’ specification, we determine that the specification              
          specifically supports that the material constituting the                    
          intermediate tube 21 becomes an integral portion of the resulting           
          optical fiber F, as depicted in Figure 3, and as explicitly                 
          disclosed on page 7 at lines 16 through 18 of appellants’                   
          specification.                                                              
               We therefore agree with appellants’ remarks set forth on               
          pages 1 through 2 of the reply brief.  Specifically, the                    
          intermediate tube is retained as an integral portion of the fiber           
          after drawing.                                                              
               We further note that claims 6 and 8 each requires that the             
          material that constitutes the intermediate tube is limited to a             
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