Appeal No. 2005-0711
Application No. 09/943,644
materials to form the core of a core/clad optical waveguide.
Based on the totality of the prior art on this record, we must
agree.
Smith discloses PFCB-based copolymers useful as “optical
cladding layers” (page 1, sentence bridging the two columns).
Babb merely discloses generally that PFCB-based copolymers are
useful as coatings (see cols. 20 and 22). Kennedy teaches
that PFCB-based copolymers are useful in general in “optical
waveguides” (e.g., col. 4, l. 30) but specifically as a cladding
layer (col. 20, ll. 44-45 and 63-66). The examiner states that
the “motivation to use PFCB copolymers in the core is found in
Shaw [sic, Shah]” (Answer, page 17, citing p. 300, right column,
lines 1-3 and Table 1). However, Shah is directed to PFCB-based
copolymers useful as probes for microscopy (p. 300, right column,
last full paragraph). The citation by the examiner on page 17 of
the Answer merely refers to the teaching in Shah that various
properties can be controlled by “simple choice of comonomer
composition” (p. 300, right column, ll. 1-3).
The examiner also states that “PFCB polymeric waveguide
cores” are taught by Fischbeck (Answer, page 8). However, as
correctly noted by appellants (Brief, page 7), Fischbeck
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