Appeal 2007-0490
Application 10/095,716
1 In contrast to the Appellant's [sic] invention and teachings, Wen
2 does not disclose how to control and combine Raman and erbium
3 amplification to produce a desired GAIN PROFILE. Even further, the
4 Appellant teaches [sic] how such a combination results in a saving in
5 total pump power for a single pump used to produce both the Raman
6 amplification and the erbium amplification. [Emphasis original.]
7
8 The Examiner contends that the rejection is proper. The Examiner
9 asserts that the claims do not recite controlling the gain slope. Additionally,
10 the Examiner states that Wen discusses varying the ion density in the fiber
11 and that this is achieved by adjusting the doping density of the fiber.
12 (Answer 10). Further, the Examiner, citing Wen figure 4, finds that Wen
13 discloses how to control and combine Raman and erbium amplification to
14 produce a desired gain profile. (Answer 11) .
15 Thus, the contentions present the issues as to whether the claim recites
16 controlling the gain slope and if so does Wen teach the claimed control to
17 produce the desired gain profile.
18 FINDINGS OF FACT RELATED TO WEN
19 It is undisputed that Wen teaches combining stimulated Raman
20 scattering on fibers employing erbium amplification. Further, we find that a
21 skilled artisan would recognize that Raman scattering produces Raman
22 amplification (see discussion of Background of the Invention page 1, line 23
23 of Appellants’ Specification and Wen page 1871, first paragraph (paragraph
24 between equation 7 and 8) which discusses gain due to stimulated Raman
25 scattering). Wen teaches that the same pump source is used to produce both
26 the Erbium amplification and the Raman amplification. See discussion in
27 first (left) column of text on page 1892, and figure 3(b) which discuss and
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