Ex Parte Akasaka - Page 6


                Appeal 2007-0680                                                                                  
                Application 10/655,901                                                                            

            1   of light from one pumping source into two unequal portions and counter-                           
            2   pumping one segment with one portion of the beam and co-pumping another                           
            3   fiber with the other portion of the beam.                                                         
            4                                                                                                     
            5                                        ANALYSIS                                                     
            6          Independent claim 1 recites “a first pump . . . to generate and transmit                   
            7   a first light beam, a first splitter configured to receive the first light beam,                  
            8   split the first light beam into a first portion of the first light beam and a                     
            9   second portion of the first light beam, transfer the first portion of the first                   
          10    light beam onto the first fiber span to backward propagate over the first fiber                   
          11    span, and transfer the second portion of the first light beam onto the second                     
          12    fiber span to forward propagate over the second fiber span.”  Claim 1 also                        
          13    recites a second pump and splitter which transfers light to backward                              
          14    propagate the second fiber and forward propagate a third fiber.  We find no                       
          15    limitations that recite that the first, second or third fiber is simultaneously                   
          16    forward and reverse propagated.  We are not persuaded by Appellant’s                              
          17    argument that the recitations of beam transmission by pumps of claim 1 must                       
          18    be interpreted as simultaneous pumping, as the specification does not                             
          19    contemplate one pump source to operate while the other is off.  Claim 1                           
          20    recites a system “comprising” various elements; this does not limit the claim                     
          21    to a system containing only the recited elements, rather it is open ended and                     
          22    encompasses any system that includes the recited elements.  Further, before                       
          23    the Office, claims are to be given their broadest reasonable interpretation.                      
          24    We consider the Examiner’s interpretation to be reasonable and Appellant’s                        
          25    asserted reading of simultaneous forward and backward pumping of a fiber                          

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