Ex Parte REED - Page 4




             Appeal No. 2001-0444                                                              Page 4               
             Application No. 08/949,803                                                                             


                    The examiner contends that Arroyo 442 discloses a communications cable in                       
             Figures 1 and 2 wherein the cable has a nonmetallic fiber strength system 32 and an                    
             optical fiber core structure 22 for preventing the passage of water through a sheath                   
             system (column 1, lines 10-40).                                                                        


                    With regard to claim 7, the examiner points to a strength system 32 having first                
             and second nonmetallic strength members 32-33 comprised of a plurality of filaments                    
             that are bound together and impregnated with a polymeric material (column 7, lines 5-                  
             10).  The examiner points to Figure 1 to show that the first strength member is wrapped                
             in a helical lay around the core and that the second strength member is wrapped in a                   
             helical lay around the first member in a direction which may be opposite to that of the                
             first strength member (columns 7 and 8, lines 65-68 and 1-2, respectively).  The                       
             examiner further points to a jacket 34 which surrounds the strength system.                            


                    The examiner admits that Arroyo 442 fails to teach an insulating material                       
             surrounding the first and second strength members and at least one layer of conductive                 
             material being a plurality of copper conductors that concentrically surround the outer                 
             diameter of the core structure.  However, the examiner relies on Gareis to supply these                
             deficiencies, pointing to Gareis’ fiber optic cable in Figure 1, wherein the cable has a               
             cylindrical braided electrical conductor 37 which may be braided copper wires (column                  








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