Ex parte GAGNON - Page 2




              Appeal No. 1999-0434                                                                                       
              Application No. 08/664,257                                                                                 

                                                    BACKGROUND                                                           
                     The invention is directed to data communication cables having flame-resistant and                   
              smoke-suppressive properties such that the cables may be placed in buildings without the                   
              requirement of being within metal conduits.  Claim 30 is reproduced below.1                                
                     30.    A plenum rated data communication cable for transmitting high-frequency                      
                     signals, comprising:                                                                                
                            at least one pair of conductors;                                                             
                            an insulation layer surrounding and enclosing each conductor, said insulation                
                     layer comprising a fluoropolymer having a signal dissipation factor less than about                 
                           -4                                                                                            
                     3 x 10  and a dielectric constant less than about 2.1 at high frequencies;                          
                            a first jacket layer surrounding and enclosing the insulated conductors, said                
                     first jacket layer comprising a material having flame-resistant and smoke-                          
                     suppressive properties;                                                                             
                            a metallic shield surrounding said first jacket layer; and                                   
                            a second jacket layer surrounding and sealing said metallic shield against                   
                     said first jacket layer, said second jacket layer comprising a material having flame-               
                     resistant and smoke-suppressive properties.                                                         
                     The examiner relies on the following references:                                                    
              Mitacek                                   3,697,670                    Oct. 10, 1972                       
              Schwarcz et al. (Schwarcz)         3,945,974                    Mar. 23, 1976                              
              Stine et al. (Stine)                      4,041,237                    Aug.  9, 1977                       


                     1We note that appellant filed an amendment after final rejection on December 29, 1997 which         
              proposed amending the specification and claims 31 and 51.  Although the examiner indicated (Advisory       
              Action mailed January 12, 1998) that the amendment will be entered upon the filing of a Notice of Appeal   
              and an Appeal Brief, the amendment has not been formally entered.  Consistent with the examiner’s          
              indication and with appellant’s claim appendix attached to the appeal brief, we consider the specification 
              and claims as amended.                                                                                     
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