Appeal No. 95-3782
Application 08/048,371
Appellants submit evidence (see Appendix II and III) to 3
show that light degradation is not a consideration in grease
filled cable compositions (Eager also teaches that most of the
cable is designed to be buried, except for the above-ground
pedestals, see column 1, lines 25-32). However, appellants’
arguments regarding the heat stability of Foster are not
convincing. Appellants argue that the Yellowness Index used
by Foster is immaterial to underground cable compositions but
present no evidence to support this contention (brief,
paragraph 6 (ii), page 3). Foster discloses that the
Yellowness Index was determined after aging at 60EC. for 4
weeks (column 10, lines 5-7) and that “the colors were
compared to determine the heat stability properties of the
various blends.” (column 10, lines 52-54). There is no
evidence to determine whether the color change represents
actual degradation of the olefin polymer or, as appellants
urge, a mere aesthetic change in the surface color. There are
numerous teachings in Foster of the improved heat stability by
3 This is the same evidence that was submitted by Keogh in a declaration under
37 CFR § 1.132 dated June 6, 1994 (attachment to Paper No. 6). Since this evidence and
conclusions are set forth by appellants in the brief (see also paragraph 8 on page 3 of
the brief), we will not address the declaration specifically.
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