Ex Parte DONNER et al - Page 10




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


          rebutted by any convincing arguments from Appellants.  Accordingly,         
          the Examiner’s 35 U.S.C. § 103(a) rejection of representative               
          independent claim 1, as well as dependent claims 2-9 and 11-14              
          which fall with claim 1, is sustained.                                      
               Turning to a consideration of the Examiner’s obviousness               
          rejection of claims 10 and 24, separately argued by Appellants, we          
          note that, while we found Appellants’ arguments to be unpersuasive          
          with respect to the rejection of claims 1-9 and 11-14 discussed             
          supra, we reach the opposite conclusion with respect to claims 10           
          and 24.  Each of these claims includes a cable structure feature            
          which requires that the “... conductor pairs having shortest twist          
          lengths are positioned diagonal relative to each other.”  In                
          addressing this feature, the Examiner calls attention to Figure 3           
          of Newmoyer ‘173 as disclosing the claimed diagonal relationship            
          feature.  In our view, however, while the Figure 3 illustration in          
          Newmoyer ‘173 may provide a teaching of a cable arrangement in              
          which two conductor pairs are arranged diagonally to a central              
          longitudinal axis of the cable, there is no disclosure that the             
          conductor pairs are positioned diagonally relative to each other as         
          set forth in claims 10 and 24.                                              
               In summary, with respect to the Examiner’s 35 U.S.C. § 103(a)          
          rejection of the appealed claims, we have sustained the rejection           
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