Appeal No. 1997-0236
Application No. 08/211,829
obviousness. Note In re Oetiker, 977 F.2d 1443, 1445, 24
USPQ2d
1443, 1444 (Fed. Cir. 1992).
The Examiner has grouped all of the appealed claims
together in the 35 U.S.C. § 103 rejection and, as the basis
for the obviousness rejection, proposes to modify the elongate
heater insulating structure of Smith-Johannsen by relying on
Shulver or Betts to supply the missing teaching of utilizing a
preformed tape as a secondary insulating jacket. Bruns is
additionally added to the combination as providing a teaching
of covering a cable with a braided metallic sheath. In the
Examiner’s view (Answer, page 4), the skilled artisan would
find it obvious to include a preformed tape insulating layer
and a metallic sheath in the elongate heater of Smith-
Johannsen for increased flame resistance and moisture and
abrasion protection in view of the combined teachings of
Shulver, Betts, and Bruns.
In response, Appellants assert that the Examiner has
failed to set forth a prima facie case of obviousness since
proper motivation for one of ordinary skill to make the
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