Appeal 2007-1851
Application 10/020,461
Moreover, we fully concur with the Examiner that Kyoto firmly
establishes that it was known in the art to employ the pertinent difference in
index of refraction of greater than 2%. To wit, Kyoto discloses that for large
aperture optical fibers used in computer link communication applications, a
needed difference in index of refraction “is usually about 2 to 4%” (col. 1, ll.
52-54). While Appellants point to Example 1 of Bazylenko which has a
difference in index of refraction of 0.8%, it is well settled that a reference
must be considered for all that it fairly teaches, and such consideration is not
limited to exemplified embodiments. As for the Kyoto disclosure,
Appellants maintain that:
Kyoto merely mentions in passing that ”large aperture optical
fibers” may have contrasts of about 2 to 4%, without any
indication, explanation, or discussion of particular methods by
which one may be able to achieve such contrast levels, or the
applicability of such teachings to other types of fibers such as
waveguides with multiple cores.
(principal Br. 10, second para.). However, Appellants have presented no
convincing rationale, let alone objective evidence, which establishes that one
of ordinary skill in the art was not able to produce a contrast in the indices of
refraction from about 2 to 4%, as specifically disclosed by Kyoto. Also, we
note that the independent claims on appeal do not recite any particular
method steps for achieving a difference in index of refraction greater than
2%.
Johnson, the other primary reference, also does not specifically
disclose forming a plurality of silicate glass optical cores. However, like
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