Ex Parte Fletcher et al - Page 2

                Appeal 2007-2176                                                                                   
                Application 10/309,852                                                                             
                       We begin our analysis by construing the contested claim limitations.                        
                Next, we determine whether the prior art reference discloses each limitation                       
                of the claim expressly or inherently.  A claim limitation is inherent in the                       
                prior art if it is necessarily present in the prior art, not merely probably or                    
                possibly present.2                                                                                 

                                                 THE CLAIMS                                                        
                       Six claims are subject to the rejection, but Furukawa has focused on                        
                claim 17 in disputing the rejection.  Since there is no separate argument for                      
                the claims, they stand or fall together.3  Claims 17 and 24, the only                              
                independent claims,4 define5 the invention as follows—                                             
                              17. A method of assembling and preparing an optical                                  
                       fiber preform, comprising:                                                                  
                              inserting a core rod axially inside a glass outer overclad                           
                       tube having an open distal end;                                                             
                              inserting a fusible plug in the open distal end of the outer                         
                       overclad tube;                                                                              
                              providing a fusible fixing member for fixing the plug in                             
                       the region of the distal end of the outer overclad tube;                                    
                              engaging the fusible fixing member with the outer                                    
                       overclad tube in the region of the distal end of the outer                                  
                       overclad tube, thereby fixing the plug inside the distal end of                             
                                                                                                                  
                2 Akamai Techs, Inc. v. Cable & Wireless Internet Servs., 344 F.3d 1186,                           
                1192, 68 USPQ2d 1186, 1190 (Fed. Cir. 2003).                                                       
                3 37 C.F.R. § 41.37(c)(1)(vii).                                                                    
                4 A claim is considered independent, despite an incorporation of limitations                       
                from another claim, if it defines distinct subject matter.  Ex parte Porter,                       
                25 USPQ2d 1144, 1147 (BPAI 1992).  Claim 24 is thus independent because                            
                it defines a method of drawing optical fiber rather than a method of                               
                assembling and preparing an optical-fiber preform as in claim 17.                                  
                5 Claim language is reproduced from the claims appendix to the appeal brief                        
                (Br.).                                                                                             
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