Ex parte MARC STAMMER - Page 4

          Appeal No. 95-2175                                                          
          Application 08/100,332                                                      

          states that the subject matter of the claim is directed to a                
          light waveguide cable per se.  The preamble evidences no intent             
          to claim the combination of a cable and a building or claim a               
          cable installed in a building.  Appellant’s brief also states               
          that the invention is an “improved cable as claimed....” Brief at           
          page 4.  Appellant’s specification is also directed to an                   
          improved cable and evidences no intent to claim the cable in                
          combination with a building or an intent of being limited to a              
          cable as finally installed in a building.  Accordingly,                     
          interpreting appellant’s claim as a whole, it is our view that              
          the claimed invention is directed to a cable per se, not further            
          limited by its application environment requiring a building in              
          which it is installed, and we will apply the prior art to the               
          independent claim 1 as so interpreted.                                      
                    We make the following findings of fact.  Van der Hoek             
          discloses a cable comprising an elongated body 1 having helical             
          grooves 2, 3, 4 which accommodate optical fibers 5, 6, and 7.  In           
          the embodiment of Figure 3, foam or synthetic resin with                    
          waterblocking properties is placed in circumferential groove 10             
          leaving the helical grooves free from waterblocking material                
          except at the intersection with groove 10.  Therefore, van der              


Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007