Appeal No. 1999-0434
Application No. 08/664,257
OPINION
Section 103 rejections
In this opinion we will consider the requirements of the independent claims seriatim,
and the art applied against each. Independent claim 30 is drawn to a plenum rated data
communication cable "for transmitting high-frequency signals." The claim requires, inter
alia, that the insulation layers around the conductors comprise "a fluoropolymer having a
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signal dissipation factor less than about 3 x 10 and a dielectric constant less than about
2.1 at high frequencies." The claim also requires that the first jacket layer comprises a
material having flame-resistant and smoke-suppressive properties.
The section 103 rejection set forth on pages 4 and 5 of the Answer proposes
modification of the communication cable disclosed by Odhner. The examiner turns to
Schwarcz for suggestion of the above-noted requirement with respect to the first jacket
layer.
Appellant's position, as set out in the Brief and Reply Brief, is that Odhner teaches
away from using any material other than a fluorinated polymer impregnated glass tape for
the first jacket layer. Odhner is also deemed to teach away from using any material other
than polyvinylidene fluoride (PVDF) for the insulation layer. Appellant also submits that the
"PVDF insulating material of Odhner has a signal dissipation factor of 0.3 and a dielectric
constant of 4.9" (Brief at 8), contrary to the requirements of instant claim 30.
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