Appeal No. 2001-0444 Page 7
Application No. 08/949,803
medium will “absorb underwater pressures” and will be shielded from “the underwater
environment.” Even if we agreed with appellant that these citations are more than the
“intended use” argued by the examiner, the general recitations of the use in, and
shielding from, an underwater environment, and the ability to absorb underwater
pressures would have been suggested to the artisan by Arroyo 442 since this reference
discloses the prevention of water passing through the sheath of the cable. Thus, the
artisan would have understood that the cable of Arroyo 442 is meant to be used in an
environment where there will be water. It may be a little water; it may be for use in a
swimming pool, etc. While the reference does not recite anything about withstanding
certain water pressure, corrosion, etc., the claims are not specific to any particular
pressure or corrosion. While appellant may intend the cable to be used deep in the
ocean, wherein there are problems with corrosion and/or large water pressure, the
claims do not specify any particular pressure or the corrosive effects of the sea. Since
Arroyo 442 would have suggested to the artisan to use the cable in a water
environment and even a non-sea water environment of a swimming pool or a tank, for
example, will have some water pressure associated therewith which the cable will
“absorb,” it is our view that these specific claim recitations, as broadly stated, are
suggested by Arroyo 442.
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