Appeal No. 2002-1888
Application No. 09/185,493
the reference. See Kalman v. Kimberly-Clark Corp., 713 F.2d 760,
772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465 U.S.
1026 (1984).
Independent claim 19 sets forth a plier type cutter tool for
sheathed cable of the type having a spaced pair of insulated
power conducting wires, a ground wire disposed between the
insulated wires and a sheath surrounding the wires, the cutter
comprising, inter alia, jaw portions each having blade sections
for coactively circumferentially severing a cable sheath, with
each blade section having a set of three aligned cutting parts of
a cutting edge, spaced end ones of the parts being contoured to
completely sever a sheath from side portions of the sheath,
central ones of the parts being adapted to sever a sheath central
portion, the cutter being designed to cut such that a sheath is
circumferentially severed.
The examiner views the applied Brimmer patent as
anticipatory. This patent is expressly described by appellant in
the present specification (page 1) as being a stripper tool that
is specifically designed to not cut the outer edges of an outer
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