Appeal No. 2005-2005
Application 10/273,845
claimed "external extruded sheath" reads on the PVC sheath 6 and
foamed PVC interposition (filler) 7; the claimed "core comprising
at least one transmission element for the transmission of
electrical current or telecommunication signals" reads on the
copper conductor 2; and the limitation "that the sheath (M)
comprises at least one flexible layer (2) of a conventional,
expanded material, this material having a tensile strength
between 10.0 MPa and 50.0 MPa" reads on element 7 of a
conventional expanded material (FR2).
Appellants argue that Hayashi "does not disclose an
'external extruded sheath' which comprises at least one flexible
'layer of expanded material' which has a 'tensile strength
between 10.0 and 50.0 MPa' that 'surrounds' the core" (Br6). It
is argued (Br6):
Only the interstitial filler 7 is formed of expanded
material and this filler 7 is not a portion of the external
extruded sheath 6. This filler 7 is not a "layer" as
recited in claim 1, nor does it "surround" the core.
Rather, this filler 7 of JP '544 corresponds to the filler 7
of the present invention, which is illustrated at "7" in
Figs. 3 and 4, for providing support to the core for the
surrounding sheath. Rather than having a layer structure,
it only fills the crevices between the insulated conductors.
[Footnote omitted.]
Appellants further argue that the filler 7 does not have a
tensile strength of 10 to 50 MPa, but "[r]ather, it has a bending
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