Ex parte DEBARTOLO et al. - Page 5




          Appeal No. 1996-3947                                           Page 5       
          Application No. 08/151,741                                                  


          both of said longitudinally extending sections” in a first,                 
          closed, position and “exposing at least one of said longitudinally          
          extending sections” in a second, open, position while the second            
          cover covers “one of said longitudinally extending sections” in a           
          first, closed, position, and exposes “the one of said                       
          longitudinally extending sections concealable by said second                
          cover” in a second, open, position.                                         
               Thus, the claims require a first outer cover for covering both         
          channels when closed and an inner cover, within the first cover,            
          for covering one of the channels when closed.  Clearly, neither             
          Corsi nor Pollak provides for such a structure.  Therefore, the             
          examiner relied on Whitney which is the only possible applied               
          reference which could provide for this teaching of separate                 
          covers, one within the other.                                               
               Whitney does provide for dual channels for power and                   
          communication cables and an outer cover 14 is provided for                  
          covering both channels.  The examiner identifies the conductive             
          shield (30 or 32) as the “second cover” which is exposed by                 
          removing the outer, first, cover 14.  While these conductive                
          shields of Whitney may be considered, broadly, covers, since they           
          “cover” the cables, they are not, in our view, a “second cover,”            







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