Ex Parte M et al - Page 5



                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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