Appeal No. 1998-2368 Page 6
Application No. 08/443,217
Admitting that Kobayashi does not disclose that its
conductive layer and insulating layer are seamless, the
examiner alleges, "[i]t would have been obvious ... to modify
the Kobayashi et al. cable by ... substituting the seamless
layers as taught by Schafer for the insulating and conducting
layers of Kobayashi et al. since they are functionally
equivalent (covering)." (Examiner's Answer at 5.) The
appellants argue, "[a]bsent Applicant's specification, the
Examiner can cite no objective basis for the Examiner's
specific selection and combination of elements." (Appeal Br.
at 5.)
Claims 1 and 6 specify in pertinent part the following
limitations: "a flexible seamless covering surrounding the
plurality of insulated conductors, said flexible seamless
covering including an insulating layer and a conductive layer
surrounding said insulating layer that forms a seamless
electromagnetic shield ...." Accordingly, the limitations
require a conductive layer forming a seamless, electromagnetic
shield.
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