Ex Parte Lerchenmueller et al - Page 3




              Appeal No. 2006-0452                                                                                           
              Application No. 10/442,040                                                                                     


                                                         OPINION                                                             
                      For the reasons set forth by the examiner in the answer, as buttressed by the                          
              following remarks, we sustain each of the three separately stated rejections of the                            
              claims on appeal.                                                                                              
                      As to the first stated rejection of certain claims under                                               
              35 U.S.C. § 102, arguments are presented only as to independent claim 1 and its                                
              dependent claim 15.  As to independent claim 1, appellants only assert on pages 3 and                          
              4 of that brief that the examiner mistakenly asserts that Saunders teaches the claimed                         
              corona-resistant wire and its diameter.  At this point we note that there is no positive                       
              recitation of a wire per se, that is, there is no positive recitation of an underlying                         
              electrically conductive core.  Claim 1 recites “a diameter of the wire is between 20 μm                        
              and 80 μm”.  This claim does not positively recite that the diameter of the entire wire                        
              comprising a primary insulation layer and at least one additional layer is between this                        
              claimed range.  It is understood, when dependent claim 2 is studied, that the claimed “a                       
              diameter” of claim 1 does not include the additional layer since dependent claim 2 only                        
              recites that the primary insulation layer has the diameter that is claimed in independent                      
              claim 1.                                                                                                       






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