Ex parte TUTTLE - Page 8




                  Appeal No. 1998-1251                                                                                                                    
                  Application 08/521,393                                                                                                                  

                  What the above-quoted text indicates is that the resistance of the shield including whatever                                            
                  faults it may have, is determined.  It does not disclose that the precise position of any fault                                         
                  on the cable is determined.  On this record, the examiner has not provided any evidence                                                 
                  that either Tuttle ‘375 or Daniel teaches determining the location of a fault on the cable                                              
                  being tested.  The appellant’s argument stands unrebutted that while Daniel determines                                                  
                  that a conductor has a flaw or is degraded, the appellant’s claimed invention locates the                                               
                  position of the flaw.                                                                                                                   
                           For all of the foregoing reasons, we reverse the rejection of claims 1-15.                                                     
                                                                    Conclusion                                                                            

                           The rejection of claims 1-15 under 35 U.S.C. § 103 as being unpatentable over                                                  
                  Tuttle ‘375 and Daniels is reversed.                                                                                                    


                                                                    REVERSED                                                                              



                                    JAMESON LEE                                           )                                                               
                                    Administrative Patent Judge                           )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                                                                          ) BOARD OF PATENT                                               
                                    SALLY GARDNER-LANE                                    )   APPEALS AND                                                 
                                    Administrative Patent Judge                           )  INTERFERENCES                                                
                                                                                          )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                    SALLY C. MEDLEY                              )                                                                        

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