Appeal 2007-2176
Application 10/309,852
"Fiber Fabrication" section of Berkey.13 Berkey prepares core preforms "by
any known process."14 The preforms are divided into tablets 81, 82. Each
tablet has a core and a cladding (e.g., 83 and 84, respectively).15
The tablets 81, 82 are inserted into a tube 90. The tube 90 has
dents 98, 99 at either end to retain the tablets 81, 82.16 The tube 90 is coated
in glass particles or soot 91.17 The overall insert assembly 94 is lowered into
a furnace 95 where the fusing surfaces inside the tube 90 are cleaned and
then fused.18 The resulting fused assembly 9819 is suitable for drawing into
an optical fiber.20
Berkey also teaches an alternative method without the retaining
dents 98, 99. In this alternative, a glass capillary tube 104 is fused to the
lower end of the tube 90 to retain the tablets 81, 82.21
Furukawa contends that Berkey uses dents rather than the claimed
plugs to retain the core. Furukawa further contends that neither Berkey's
dents nor Berkey's tablets can be read to be either plugs or fusible fixing
members.22
The examiner's positions are best understood with reference to
Berkey's FIG. 7 (annotation added):
13 Berkey 6:26-8:39; FIGS. 7-11.
14 Berkey 6:28-37.
15 Berkey 6:44-51; FIG. 8.
16 Berkey 6:52-60 and 7:3-6.
17 Berkey 6:60-67; FIG. 9.
18 Berkey 7:7-61.
19 In Berkey, "98" is confusingly used to indicate both the upper dent
(FIG. 7) and the resulting fused assembly (FIG. 10).
20 Berkey 8:5-9.
21 Berkey 8:31-39; FIG. 11.
22 Br. 4-5.
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Last modified: September 9, 2013