Appeal 2006-2592 Application 10/035,535 gas to dope the preform with chlorine, where the atmosphere is at an absolute pressure substantially greater than 1.013x102 kPa (Br. 2). Independent claim 1 is illustrative of the invention and is reproduced below: 1. A method of manufacturing an optical waveguide preform, said method comprising: exposing a soot preform to an atmosphere including a chlorine- containing gas and thereby doping the soot preform with chlorine, wherein the absolute pressure of the atmosphere is substantially greater than 1.013 x 102 kPa and the mole percentage of chlorine present in the atmosphere is between about 20% and 40%. The Examiner has relied on the following prior art references as evidence of obviousness: Ishikawa US 6,116,055 Sep. 12, 2000 Kingery, Introduction to Ceramics 219-226 (2d. ed., John Wiley & Sons, 1976) ISSUES ON APPEAL Claims 1-3, 6-31, and 36-37 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Ishikawa in view of Kingery (Answer 3). Appellants contend that Ishikawa and Kingery at best provide an incentive to try, since Ishikawa teaches that partial pressures greater than 1 atmosphere present a problem, and provides no motivation or expectation of success in trying high pressures (Br. 4-5). Appellants contend that Ishikawa provides no enablement on how to overcome the problem and specifically discourages extending the partial pressure above 1 atmosphere (Br. 5). The Examiner contends that Ishikawa does not teach the pressure as required by claim 1 on appeal but teaches use of pressures greater than 2Page: Previous 1 2 3 4 5 6 7 Next
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