Appeal 2007-1381
Application 10/686,069
6. During the winding process of Von Hoessle, the fiber-optic
waveguide is provided with a binding agent. The binding agent
contains a volatile solvent that is removed during drying (Von
Hoessle, col. 1, ll. 22-26).
7. The coil support of Von Hoessle is made from a porous
ceramic. The pores allow diffusion of the solvent through the
support during drying (Von Hoessle, col. 2, ll. 17-31).
8. Pauley is directed to a sizing agent for use on various substrates
including paperboard (Abstract). The sizing agent imparts
water resistance, but allows the substrate to breathe (Pauley,
col. 1, ll. 7-9; col. 4, ll. 23-25 and 31-36; col. 6, ll. 40-43).
9. The substrates treated with the sizing agent of Pauley are
imparted with stain resistance to aqueous fluids (Pauley, col. 6,
ll. 54-56).
C. Principles of Law
The examiner bears the initial burden of presenting a prima facie case
of obviousness. In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992). In order to establish a prima facie case of obviousness, the
examiner must show that each and every limitation of the claim is described
or suggested by the prior art or would have been obvious based on the
knowledge of those of ordinary skill in the art. In re Fine, 837 F.2d 1071,
1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).
D. Analysis
In the present case, the Examiner has not established that it would
have been obvious to one of ordinary skill in the art of making glass forming
tubes to eliminate the silicone release coating conventionally used on the
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