Ex Parte PRUDHON - Page 9



          Appeal No. 2000-2146                                                        
          Application No. 09/197,513                                                  

          patenting over Prudhon (issued on the parent of t he present                
          application)3 pursuant to 37 CFR § 1.196(b).  We only consider              
          independent claim 1 but encourage the Examiner to evaluate other            
          appealed claims for possible rejection under obviousness-type               
          double patenting over Prudhon alone or in combination with other            
          prior art.                                                                  
               Claim 1 is rejected under the judicially created doctrine of           
          obviousness-type double patenting over Prudhon .  Claim 1 of                
          Prudhon (the only patented claim) reads as follows:                         
               1. A cable having a circular cross-section and including               
               a plurality of individually insulated conductor pairs, said            
               cable comprising:                                                      
               an electrical shield surrounding each of said conductor                
                     pairs;                                                           
               said electrical shield including central rod with                      
                    radial fins separating said conductor pairs from each             
                    other for partially shielding each of said conductor              
                    pairs, and a peripheral shield surrounding said rod               
                    and all of said conductor pairs between said fins for             
                    completing the shielding of each of said conductor                
                    pairs,                                                            
               wherein said rod comprises an insulative material                      
                    member of constant cross-section with an exterior                 
                    metallization that is continuous from one fin to the              
                    next.                                                             

               3    Prudhon        5,952,615           Sep. 14, 1999                  
                    (a copy of which is attached to this decision)                    
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