Appeal No. 2001-0752
Application 09/084,680
According to the appellants, they have invented a
coaxial cable which is both thermally stable over long periods of
time and has a low dissipation factor. Id., page 3.
DISCUSSION
The initial burden of presenting a prima facie case of
obviousness rests on the examiner. In re Oetiker, 977 F.2d 1443,
1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). The examiner relies
on Boysen as disclosing the invention as claimed with the
exception of the use of an alkylhydroxyphenylalkanoyl hydrazine.1
Id., page 2. The examiner relies on Keogh for a teaching of a
telephone cable comprising electrical conductors surrounded by a
polymeric insulator comprising polyethylene and alkylhydroxy-
1 The examiner also notes that Boysen does not disclose 1,2-
bis(3,5-di-tert-butyl-4-hydroxy-hydrocinnamoyl)hydrazine or that
the dielectric is a disc and air design. Neither of these
features is recited in independent claim 1. Accordingly, we do
not consider the Abrams patent which was relied on for a
disclosure of a coaxial cable comprising disc or bead dielectric
spacers. See Final Rejection, Paper No. 7, mailed September 9,
1999, pages 2-3.
4
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