Appeal No. 1998-2046
Application No. 08/787,332
or suggestions of the inventor." Para-Ordnance Mfg. v. SGS
Importers Int’l, 73 F.3d at 1087, 37 USPQ2d at 1239, citing W.
L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d at 1551,
1553, 220 USPQ at 311, 312-13.
As pointed out above, there is no evidence in the record
that the prior art suggested the structure recited in claim 1.
Kwansnick was relied upon for the use of an organic insulator,
and Rathbun for the organic insulator being
polyphenylsilsesquioxane. These references fail to cure the
deficiencies of APA in meeting the requirements of the claimed
invention. Thus, we will not sustain the Examiner’s 35 U.S.C.
§ 103 rejection of claim 1.
The remaining claims on appeal also contain the above
limitations discussed in regard to claim 1 and thereby, we
will not sustain the rejection as to these claims.
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