Ex Parte Kung et al - Page 11


              Appeal 2007-0490                                                                      
              Application 10/095,716                                                                
          1   show the pump power being depleted more across the length of the fiber                
          2   when Raman amplification is used as the pump power is being used to                   
          3   produce Raman amplification.  In the second (right) column of text, Wen               
          4   discloses that combining Raman amplification with erbium amplification                
          5   produces greater gain then if Erbium amplification were used alone.                   
          6                                                                                         
          7             ANALYSIS DIRECTED TO § 102 REJECTION OVER WEN                               
          8         Appellants argue claims 5 through 8 as a group.  Accordingly we                 
          9   group the claims together and select claim 8 as a representative claim.1              
         10   Claim 8 recites:                                                                      
         11         A method for amplifying an optical signal, comprising the step of               
         12         simultaneous providing Raman and erbium amplification to an optical             
         13         signal using a common source of pump energy, such that a gain slope             
         14         of said Raman amplification and a gain slope of said erbium                     
         15         amplification combine to produce a desired gain profile for said                
         16         optical amplifier.                                                              
         17                                                                                         
         18   Claim 8 recites no limitation concerning the erbium doping within a fiber or          
         19   the control of the different amplification methods.  Further, the only                
         20   limitation within claim 8 which limits the desired gain profile recites that it       
         21   is produced by the combination of Raman amplification and erbium                      
         22   amplification.  As discussed supra we find that Wen teaches that a signal can         
         23   be amplified by an amplifier which uses both Erbium amplification and                 
         24   Raman amplification. Wen teaches that a single pump source can be used to             
         25   produce both amplification methods and that the gains from the two                    
                                                                                                    
              1 Appellants’ statements on page 15 of the Brief directed to claims 6-8 does          
              not constitute a separate argument see 37 C.F.R.§ 41.37(c)(1)(vii) (2006).            

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