Ex Parte Benda et al - Page 5


          Appeal No. 2005-0783                                                        
          Application No. 10/039,094                                                  

          with the examiner that the term, broadly construed, places no               
          limitation on the axial extent of the region or portion of the              
          fiber included within the “locality”.  Thus, any portion of the             
          fiber exposed to laser beam 11 of Byron can be considered a “first          
          locality”.  With this construction in mind, it is evident that, in          
          Byron (Fig. 1), the portion of the fiber (the second locality)              
          exposed to laser beam 14 is both circumferentially and axially              
          displaced from at least the left-most portion of the optical fiber          
          illuminated by the line of light from focused laser beam 11.                
               Moreover, we note that Byron employs a phase grating mask 13           
          which apparently breaks up incident laser beam 11 to form a fringe          
          pattern of light, viz. the line of light from focused beam 11               
          apparently is broken up into separate segments by the mask.                 
          Therefore, it can be concluded that the point at which beam 14              
          impinges upon the fiber is both circumferentially and axially               
          displaced relative to at least some of the segments of light                
          impinging upon the fiber from laser beam 11.                                
                                     Rejection (3)                                    
               This rejection is also affirmed.                                       
               The claims subject to the instant rejection have not been              
          separately argued.  Thus, those claims stand or fall together for           
          purposes of this appeal, and we again limit our consideration to            
          claim 1.                                                                    
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