Ex Parte Bumgarner et al - Page 5


               Appeal No. 2006-0235                                                                                               
               Application 09/733,352                                                                                             

               an optical fiber perform which can be situated in a furnace 42 (e.g., col. 1, ll. 6-31, cols. 2-3, and             
               col. 3, ll. 49-59; Figs. 1 and 3).  The examiner finds that col. 3, ll. 59-62, of Knowles evinces                  
               that winding a formed optical fiber on a spool was known in the art (answer, pages 4-5).  We                       
               find that appellants acknowledge that “[f]ber draw manufacturing techniques are known wherein                      
               the optical fiber is drawn from an optical fiber perform and wound onto a spool,” wherein the                      
               “spool” can include “bulk spools” from which the fiber can be rewound “to a plurality of smaller                   
               shipping spools” (specification, pages 1-2).  Thus, we are of the opinion that one of ordinary                     
               skill in this art at the time the claimed invention was made would have been armed with the                        
               knowledge that optical fibers are pulled from a fiber perform and wound on a spool, and thus                       
               would have found that the method of testing the strength of optical fiber 18 disclosed by                          
               Knowles is applied to the manufacturing process between pulling the optical fiber from the                         
               perform and winding the drawn fiber onto a spool.8                                                                 
                      We further find that Knowles would have disclosed that the apparatus includes first and                     
               second tractor, that is, capstan, assemblies 10,11 (col. 2, ll. 6-7; Figs. 1-3).  The first tractor                
               assembly 10 includes tractor wheel 12 which clamps fiber 18 against belt 15 to apply tension to                    
               the fiber, the assembly being “driven by variable speed drive motor 24” attached to tractor wheel                  
               12 which applies constant tension to the fiber at all speeds (col. 2, ll. 7-16, 21-24, 28-29 and                   
               49-56; Fig. 1).                                                                                                    
                      The second tractor assembly 11 includes tractor wheel 19 which clamps fiber 18 against                      
               belt 22, the assembly mounted on plate 28 which pivots around belt wheel shaft 27 connected to                     
               belt wheel 21 and is supported at the other end, that is, the “free end,” by transducer 30 of load                 
               cell 29, wherein belt wheel shaft 27 is part of a drive attached to a clutch of constant torque                    
               device 26 (col. 2, ll. 18-20, 31-33 and 38-42; Figs. 1 and 2).  Transducer 30 and thus, load cell                  
               29, “produces an output indicating the force thereon” because “fiber tension is applied at a right                 
                                                                                                                                  
               and 11 find antecedent basis in the claims on which they are dependent for the phrase “said                        
               shipping spool.”                                                                                                   
               8  It is well settled that a reference stands for all of the specific teachings thereof as well as the             
               inferences one of ordinary skill in this art would have reasonably been expected to draw                           
               therefrom, see In re Fritch, 972 F.2d 1260, 1264-65, 23 USPQ2d 1780, 1782-83 (Fed. Cir.                            
               1992); In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968), presuming skill on                           
               the part of this person.  In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir. 1985).                     

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