Appeal No. 1998-1917
Application No. 08/766,984
Appellants’ arguments to be unpersuasive with respect to
independent claim 1 discussed supra, we reach the opposite
conclusion with respect to claim 7. Independent claim 7,
while similar in many respects to independent claim 1,
includes further recitations of specific characteristics of
the superconducting cable structure such as binding strain
factor, cooling temperature, and, in particular, the winding
tension, i.e. in a range from 0.5 to 2kgf, with which the
insulating material is wound on the superconducting wires.
The Examiner has taken the position (Answer, page 4),
citing In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA
1969), that, where general conditions of a claim are disclosed
by the prior art, discovering the optimum or workable ranges
involves only routine skill in the art. It is our opinion,
however, that the present factual situation and evidence
presented to us do not support the Examiner’s position.
Appellants indicate at pages 11 and 12 of their specification
that insulating tapes are to be wound with a tension within
the prescribed range of 0.5 to 2kgf as claimed in order to
effectively take advantage of the increased pressure provided
12
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