Ex parte THIERRY - Page 8

          Appeal No. 1998-1079                                                        
          Application No. 08/572,166                                                  

          of the metal braided shield, of Clouet.                                     
               Moreover, even assuming, arguendo, one would have                      
          combined Clouet and Sawyer in the manner set forth by the                   
          examiner, we find no reason for the artisan to have looked to               
          Kurzböck for filaments of a wear-resistant material to be used              
          as a protective element in the Clouet/Sawyer combination.                   
          Kurzböck is directed to ropes and has absolutely nothing to do              
          with the electrical conductor art to which Clouet, Sawyer and               
          the instant invention are directed.  As indicated by                        
          appellant, at page 4 of the principal brief, Kurzböck “fails                
          to teach or suggest a need to protect the rope against                      
          frictional wear caused by one of its own components or a need               
          to protect an external object against abrasive action caused                
          by the rope.”  The use of any teaching by Kurzböck in the                   
          electrical conductor arts of Clouet and Sawyer could only have              
          been justified through impermissible hindsight.                             
               Since we find no reason for the skilled artisan to have                
          combined the applied references in any manner which would have              
          resulted in the instant claimed invention, we will not sustain              
          the rejection of claims 1-7 under 35 U.S.C. § 103.                          
               We also will not sustain the rejection of claim 8 under                

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007