Appeal No. 2003-0607
Application 09/532,968
directed to a non-elected invention.1 See Final Rejection, Paper
No. 7, mailed March 21, 2002, page 2 (citing 37 CFR § 1.142(b)).
Claim 1 is representative of the subject matter on
appeal and is reproduced below:
1. A method of building up an optical fiber preform in
an installation provided with means enabling a preform held
horizontally at ends of the preform between two mounting points
by supporting the ends of the preform with end pieces for
rotation about an axis of the preform and for relative movement
in a direction parallel to the axis of the preform said
installation also being provided with heater means for heating
the preform by means of a plasma torch, which heater means is
disposed radially relative to said preform and is associated with
material supply means, so as to enable the preform to be
manufactured in successive passes corresponding to the preform
and the torch being displaced relative to each other, certain
ones of the passes carried out with material being supplied and
certain other ones of the passes being carried out without
material being supplied, so that each successive pass leads to a
new layer of material being deposited on the preform when
material is supplied and to the most recent layer deposited being
glazed when material is not supplied, said method interposing a
one-ended reduction in the length of at least one layer, during a
pass and starting from one new layer that is an intermediate
layer, while a succession of concentric layers of material are
being deposited on the preform in a manner such that the
1 Appellants have requested that the Board also review
claims 9-17. See Appeal Brief, Paper No. 11, received August 21,
2002, page 2. Appellants are reminded that any request for
reconsideration from a requirement for restriction made final
by the examiner must be made by petition to the Commissioner.
“Petition may be deferred until after final action on or
allowance of claims to the invention elected, but must be filed
not later than appeal. A petition will not be considered if
reconsideration of the requirement was not requested (see
§ 1.181).” 37 CFR § 1.144 (July 1, 2002).
2
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