Ex Parte Scheidecker et al - Page 5



          Appeal No. 2005-2005                                                        
          Application 10/273,845                                                      
          stress (which is comparable with tensile strength) of 2Ns                   
          (Newton) which corresponds to 2 MPa" (Br7).                                 
               The examiner finds that the core comprises two conductors              
          and their insulation, which is supported by Hayashi which refers            
          to the insulated conductors 2 and 3 as wire cores (EA12-13).  The           
          examiner finds that the statement that "the insulation of the               
          wires within the core 1 of the cable in general and the filler 7            
          of the cable of FIGS. 3 and 4 can be made of expanded material"             
          (spec. at page 6), indicates that appellants intend for the                 
          core 1 and the filler 7 to be separate entities (EA13).  The                
          examiner defines a "sheath" as "an enveloping structure or part"            
          and finds that layers 6 and 7 of Hayashi clearly envelop the core           
          comprising the two insulated conductors (EA15).  The examiner               
          finds that since the fillers 7 are made of expanded material,               
          such as expanded PVC, and since appellants stated in the                    
          specification that expanded PVC has a tensile strength from 10 to           
          50 MPa, the fillers must meet that strength limitation (EA15).              
               Appellants note that the fundamental misunderstanding is the           
          meaning of the "core" (RBr4).  It is argued that while the                  
          examiner considers the core to only be the conductor, the core of           
          a cable comprises all elements which are finally surrounded by a            
          protecting sheath (RBr5).  It is noted that the core is generally           

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