Ex Parte Stipes - Page 6

                Appeal 2006-3339                                                                             
                Application 10/869,805                                                                       

                been seen by the skilled artisan to apply to Deitz's shields for the                         
                individually twisted pairs, Gareis's conclusion is not convincing.                           
                      Appellant further argues (Br. 9) that Dembiak does not discuss                         
                impedance stability or resistance to deformation.  Appellant again relies                    
                upon Gareis, who states (Declaration, page 3) that                                           
                      The teachings concerning Dietz's [sic] overall shield and its                          
                      ability to reduce slippage or prevent water penetration does not                       
                      suggest that bonding Dietz's [sic] individual shields could                            
                      prevent deformation and reduce impedance instability.                                  
                            11. One would not expect, in view of Dembiak's                                   
                      teachings that a bonded overall shield reduces slippage and                            
                      prevents water seepage, that bonding individual shields shown                          
                      in Dietz [sic] would reduce deformation and increase                                   
                      impedance stability.                                                                   

                Gareis concludes that reduced deformation and increased impedance                            
                stability are unexpected results.                                                            
                      Again we find Gareis's conclusions to be unpersuasive.  First,                         
                Dembiak discloses (col. 3, ll. 25-27) that "[t]he use of a shielding layer with              
                a sealed seam also has been shown to have higher strength characteristics                    
                necessary to withstand repetitious bending of the cable."  Thus, Dembiak                     
                suggests that a sealed seam will prevent deformation.  Further, as noted                     
                supra, one of Dembiak's goals is to prevent wrinkling or rupture of the                      
                shielding strip.  Appellant discloses (Specification, page 2) that the                       
                impedance of an ISTP is                                                                      
                      influenced by the presence of the shield wrapped around its                            
                      circumference.  Present day shields can suffer from variations                         
                      in geometry.  Very small variations in the geometry and spacing                        
                      of the overall shield can drastically affect the cable's                               
                      impedance.  The shield, commonly made of a thin metallic foil,                         

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