Ex Parte PRUDHON - Page 5



          Appeal No. 2000-2146                                                        
          Application No. 09/197,513                                                  

          would not change the principal operation of the insulator and in            
          fact, provides shielding between the pair of conductors (id.).              
               The initial burden of establishing reasons for                         
          unpatentability rests on the examiner.  In re Oetiker, 977 F.2d             
          1443, 1446, 24 USPQ2d 1443, 1445 (Fed. Cir. 1992).  Where, as               
          here, a conclusion of obviousness is premised upon a combination            
          of references, the examiner must identify a reason, suggestion,             
          or motivation which would have led an inventor to combine those             
          references.  Pro-Mold & Tool Co. V. Great Lakes Plastics, Inc.,             
          75 F.3d 1568, 1573, 37 USPQ2d 1626, 1629, (Fed. Cir. 1996).                 
          However, “the Board must not only assure that the requisite                 
          findings are made, based on evidence of record, but must also               
          explain the reasoning by which the findings are deemed to support           
          the agency’s conclusion.”  In re Lee, 277 F.3d 1338, 1344, 61               
          USPQ2d 1430, 1434 (Fed. Cir. 2002).                                         
               A review of Guilleaume reveals that the reference relates to           
          insulating bare electric cables or conductors that are used in              
          telephonic transmission (lines 7-15).  A strip of insulating                
          material, such as paper, separates a pair of bare conductors and            
          creates two spiral grooves to hold the conductors once the whole            
          assembly is twisted together (lines 21-43).  A number of such               
          insulated conductors are grouped together to form a cable, as               
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