Appeal No. 98-3293
Application 08/650,417
an opposed generally planar cable supporting surface capable of supporting said cable
continuously along said spacer body and along an extent of said cable.
In reading this portion of appellants’ claim 1 on McSherry, the examiner has pointed to the top
surface of the male annular lip (14) of McSherry’s spacer seen best in Figures 1, 2 and 3, urging that
this surface provides a generally planar cable supporting surface that is capable of supporting said cable
“continuously along said spacer body and along an extent of said cable,” as set forth in claim 1 on
appeal. We agree. Looking at the cable (54) of Figure 1 as the support member and the cable (52) as
the supported cable, once attached to the support cable (54) and spacer as shown in Figure 1 of
McSherry, the cable (52) is continuously supported along said spacer body and along an extent of said
cable by the planar surfaces which define the top face of the male annular lip (16) of the spacer.
Similarly, looking at the cable (54) as the supported cable and the cable (52) as the support member,
we note that the spacer of McSherry provides continuous support for the cable (54) along the spacer
body and along an extent of said cable on the lower edge surface of the female annular lip (16) of the
spacer.
Contrary to appellants' arguments, the language of independent claim 1 on appeal does not set
forth, or inherently require, that the cable be supported by a supporting surface continuously along the
entire length of said spacer body and along an extent of said cable, as appellants have argued. In part,
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