Ex parte MESERVE - Page 5




          Appeal No. 1997-4072                                                        
          Application 08/226,010                                                      

               The second difference is that claim 1 calls for "only                  
          negligible diffusion of nickel into the matrix metal."                      
          Fujikura discloses that the wire undergoes heat treatment                   
          whereby "the Ni of the Ni layer diffuses into the copper                    
          thereby forming a shielding layer 17 made of Cu-Ni alloy                    
          with a cross-sectional network thicker than that of the Ni                  
          plating layer 13" (translation, p. 3); thus, there is                       
          significant diffusion of nickel in Fujikura.  Kreilick                      
          discloses a web of copper-nickel alloy.  It is not clear                    
          whether this web is formed from a nickel coating or some                    
          other technique, but clearly there is significant diffusion                 
          of nickel.                                                                  
               We do not find where the Examiner addresses this                       
          difference.  Possibly, the Examiner does not address this                   
          limitation because the limitation has been rejected as                      
          indefinite.  Since we conclude, infra, that the "negligible"                
          limitation is not indefinite, the limitation must be                        
          addressed.  Neither Fujikura nor Kreilick disclose that                     
          there is an intact layer of pure nickel between the wires as                
          indicated by the fact that both have a copper-nickel layer                  
          of substantial thickness.  The advantage of a nickel coating                

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