Ex Parte DONNER et al - Page 9




          Appeal No. 2001-0382                                                        
          Application No. 08/861,481                                                  


               After careful review of the applied Brorein and Newmoyer ‘173          
          references, we find ourselves in agreement with the Examiner’s              
          position as stated in the Answer.  As asserted by the Examiner              
          (Answer, pages 10 and 11), Appellants’ arguments have relied on a           
          misinterpretation of the disclosure of Brorein.  Contrary to                
          Appellants’ contention that Brorein discloses that the plural               
          conductor pairs are to be of the same twist length, Brorein’s               
          disclosure actually provides for the individual conductors in each          
          conductor pair as having the same twist length.  In our view,               
          rather than teaching away from a cable structure with plural                
          conductor pairs having differing twist lengths, Brorein is silent           
          about the twist length configuration for the plural conductor               
          pairs.  In our opinion, the skilled artisan seeking guidance on             
          designing the twist length arrangement for a multiple conductor             
          pair cable would be led to the teachings of Newmoyer ‘173 which             
          clearly discloses (column 3, lines 59-65 and column 4, lines 4-10)          
          that providing adjacent twisted conductor pairs with differing              
          twist lengths reduces crosstalk and permits flexing of the cable            
          without damaging the conductor spacing of the cable.                        
               In view of the above discussion and the totality of the                
          evidence on the record, it is our opinion that the Examiner has             
          established a prima facie case of obviousness which has not been            
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