Ex Parte Kung et al - Page 7


              Appeal 2007-0490                                                                      
              Application 10/095,716                                                                
          1   supplies light to both a Raman amplifier and Erbium fiber.  Accordingly, we           
          2   sustain the Examiner’s rejection of claims 1 through 4, 8, 9, and 13                  
          3                                                                                         
          4         ISSUES RELATED TO REJECTION OF CLAIMS 10, 11, 14, and 15                        
          5                           UNDER 35 U.S.C. § 103                                         
          6         Appellants contend that the Examiner’s rejection of claims 10, 11, 14,          
          7   and 15 as being unpatentable over Masuda is in error.  Appellants assert that         
          8   the rejection is erroneous for the same reasons asserted with respect to the          
          9   Examiner’s rejection of claims 1 through 4, 8, 9, and 13 under 35 U.S.C. §            
         10   102.                                                                                  
         11                                                                                         
         12           ANALYSIS RELATED TO REJECTION OF CLAIMS 10, 11, 14,                           
         13                       AND 15 UNDER 35 U.S.C. § 103                                      
         14                                                                                         
         15         Claims 10, 11, 14, and 15 are argued as a group.  Accordingly we                
         16   group the claims and select claim 14 as a representative claim.  Claim 14 is          
         17   dependent upon claim 4.  As discussed supra we are not persuaded by                   
         18   Appellants’ arguments directed to the rejection of claim 4.  We find that the         
         19   scope of claim 4 is not limited to an amplifier which uses only one pump.             
         20   Claim 14 does not further limit claim 4 to a configuration where only one             
         21   pump laser is used to provide pumping power to the fiber segments.  As                
         22   discussed supra, we find ample evidence to support the Examiner’s finding             
         23   that Masuda teaches one pump supplies light to both a Raman amplifier and             
         24   Erbium fiber.  Thus, for the same reasons discussed supra with respect to the         
         25   Examiner’s rejection of claims 1 through 4, 8, 9, and 13 under 35 U.S.C. §            

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