Appeal 2007-2358
Reexamination Control No. 90/006,888
Patent 4,892,442 ("442 patent") as variously anticipated by or obvious in
view of prior art. Claims 7 and 8, the only other claims in the patent, have
not been rejected. We have jurisdiction under 35 U.S.C. § 134(a). We
AFFIRM.
The claimed subject matter relates to a flexible, prelubricated
innerduct, i.e., a conduit for cables. The claims on appeal have not been
amended. Claim 1 is illustrative of the issues on appeal and reads as
follows:
A relatively flexible coextruded plastic tube
for slidably receiving and providing a protective housing
for a cable
said tube consisting essentially of a pair of telescopically
related inner and outer cylindrical portions,
said inner portion being formed from a highly lubricous
polymeric material
to provide a permanently lubricated inner surface
for the tube which has a low coefficient of friction
to enable substantially low friction placement of
the cable therewithin and
said outer portion being formed from a high tensile
strength polymeric material
for maintaining the structural integrity so that a
protective housing is defined for the cable by the
tube.
(Appellant's First Amended Appeal Brief filed 25 January 2006 ("Br."),
App'x.)
2
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