Ex Parte Smith et al - Page 5



          Appeal No. 2005-0711                                                        
          Application No. 09/943,644                                                  

               From these findings, the examiner concludes that it would              
          have been obvious at the time of appellants’ invention to coat              
          other TVE-PFCB polymers, such as those disclosed by Smith or                
          Babb, using the coating and baking in a nitrogen atmosphere as              
          taught by Smith or Babb, to the thicknesses disclosed as useful             
          for PFCB polymeric waveguide cores by Fischbeck or Shacklette,              
          using the high solids content solutions taught by Kennedy based             
          upon the direction of Shah that the composition of the monomer              
          solution can control the refractive indices, glass transition               
          temperature and long term thermal stability (Answer, pages 8-9              
          and 10-11).  The examiner also concludes that it would have been            
          obvious to add an upper cladding layer, such as a PFCB copolymer            
          cladding layer, to improve the waveguiding properties of the                
          article with a reasonable expectation of success since Kaneko               
          teaches that the same materials can be used for the core and                
          cladding layers and Shah teaches control of the refractive                  
          indices by optimizing the monomer composition (Answer, pages 9-10           
          and 11-12).                                                                 
               Appellants argue that there is no suggestion found in the              
          references to process and utilize the known PFCB copolymer                  


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