Appeal No. 1999-2316
Application No. 08/640,262
appellants and the examiner both agree (brief, page 19;
answer, page 5) that Arroyo discloses a cable core 21 enclosed
by a primary insulation of polyvinyl chloride (PVC), as
opposed to high density polyethylene (HDPE), an intermediate
material layer 31 of polytetrafluoroethylene (PTFE) resin, and
an outer jacket 40 of polyvinylidene fluoride (PVDF). Since
Bleich discloses “a cable comprising a conductor (24)
insulated with HDPE,” the examiner concludes (answer, page 5)
that “[i]t would have been obvious to one skilled in the art
to use HDPE for the insulation of the Arroyo et al. conductor
since HDPE is a relative[ly] tough dielectric material which
can be uniformly extruded with a smooth outer surface as
taught by Bleich et al. (col. 4, lines 31-33).” In response,
appellants argue (brief, pages 20 through 22) that the
examiner has not explained why the skilled artisan would
replace a material in Arroyo with another material that would
cause it to cease operating for its intended purpose. Stated
differently, appellants are of the opinion (brief, page 22)
that [i]t is simply ridiculous to suggest that one skilled in
the art would be motivated to remove a flame resistant
material from the Arroyo et al. cable and replace it with a
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