Ex Parte Lucey - Page 5




          Appeal No. 1998-1328                                                        
          Application No. 08/341,500                                                  


          1674 (Fed. Cir. 1994).                                                      
               Independent claims 1, 9, 11, and 15 each recite a                      
          microphone boom comprising:  a conductive core which includes               
          a plurality of strands; a first insulator disposed about the                
          conductive core; an outer conductor disposed about the first                
          insulator; and an outer jacket disposed about the outer                     
          conductor.                                                                  
               The Appellant and the Examiner both agree that Sacherman               
          fails to disclose a conductive core with a plurality of                     
          strands, a first insulator, and an outer conductor as recited               
          in claims 1, 9, 11, and 15.  The Examiner relies on Litauer                 
          for a teaching of these limitations.                                        
               Appellant argues that a person of ordinary skill in the                
          art would not have been motivated to combine teachings of                   
          Sacherman and Litauer.  Appellant particularly argues that                  
          cables used in the Litauer invention are heavy duty electrical              
          cables requiring reinforcement so that the cables do not                    
          collapse under their own weight when strung between utility                 
          poles.  Appellant also argues that there is no useful benefit               
          for use for longitudinally strengthening as taught by Litauer               
          in the microphone boom disclosed by Sacherman because lack of               
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