Appeal No. 1999-0434
Application No. 08/664,257
the claims in question thus refers to not only the "dielectric constant less than about 2.1,"
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but also the "signal dissipation factor less than about 3 x 10 ."
The "HYFLON MFA" data sheet documents, for FEP, a dielectric constant of 2.1
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measured at 100 Hz, and a dissipation factor of less than 3 x 10 measured at 100 kHz.
However, in our understanding of the relevant art, neither of the frequencies can be
considered a "high frequency" in the context of data communication cables. Appellant's
specification does not define what is to be deemed a "high frequency." We note that a
technical dictionary defines, in the context of telecommunications, "high frequency" in view
of an FCC designation. "[H]igh frequency [definition] Telecommunications. an FCC
designation for the range of frequencies from 3 to 30 megahertz." Academic Press
Dictionary of Science and Technology, Harcourt, available at
http://www.harcourt.com/dictionary/def/4/8/2/9/4829500.html (Nov. 13, 2001).
This technical definition, ranging from 3 to 30 MHz, is consistent with appellant's
averment (e.g., Reply Brief at 5) that the previously-noted Solef PVDF data sheet (at page
1) shows that PVDF has a dissipation factor of 0.30 and a dielectric constant of 4.9 "at
high frequencies." Values are given for measurements at 1, 5, and 10 MHz. Appellant
refers to the values for the 10 MHz measurements as evidence of properties of PVDF "at
high frequencies."
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