Appeal No. 2002-1888
Application No. 09/185,493
electrical cable sheath. Our reading of the Brimmer patent
(column 6, lines 2 through 5) likewise indicates to us that the
patentee clearly provided for knife blades 26C and 28C of cutting
edges 26 and 28 to “sever the outer sheath 52 of the cable 50
everywhere except the extreme opposed sides 52C of the sheath 52
(Fig. 3).” Based upon the above unambiguous teachings of
Brimmer, it is quite apparent to us that this document does not
anticipate the now claimed cutter tool which includes jaw
portions to circumferentially sever a cable sheath. Since the
Brimmer reference provides blades that do not sever the extreme
opposed sides of a sheath, it would be speculative as to what
effect the Brimmer tool would have on a larger cable sheath than
that contemplated by the patentee (answer, page 5). For the
above reasons, the anticipation rejection is not sustained.
REMAND TO THE EXAMINER
We remand this application to the examiner to consider the
patentability of the claimed subject matter based upon the
combined tool teachings of Brimmer, Miller (of record in the
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