Appeal No. 98-3293
Application 08/650,417
canceled.
Appellants’ invention relates to a spacer for use in spacing a cable (e.g., 50 in Figure 5) from a
support member (e.g., 60). A copy of representative claim 1, as it appears in the Appendix to
appellants’ brief, is attached to this decision.
The prior art references relied upon by the examiner in rejecting the appealed claims are:
McSherry et al. (McSherry) 4,562,982 Jan. 7, 1986
Murphy 4,899,963 Feb. 13, 1990
Claims 1 through 3, 8 and 9 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
McSherry.
Claims 4 through 6 stand rejected under 35 U.S.C. § 103 as being unpatentable over
McSherry in view of Murphy.
Rather than attempt to reiterate the examiner's full commentary with regard to the above-noted
rejections and the conflicting viewpoints advanced by the examiner and appellants regarding the
rejections, we make reference to the examiner's answer (Paper No. 10, mailed April 27, 1998) for the
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