Appeal No. 2001-0752
Application 09/084,680
clusion that it would have been obvious to modify the teachings
of the cited references to achieve the claimed invention. See
id.; In re Kotzab, 217 F.3d 1365, 1370, 55 USPQ2d 1313, 1316-17
(Fed. Cir. 2000). In the present case, the examiner has simply
failed to meet this burden.
As noted by appellants, Boysen specifically teaches
that the antioxidants utilized in his coaxial cable are “non-
polar compounds.” Appeal Brief, Paper No. 11, received May 3,
2000, page 2 (referencing Boysen, column 4, lines 23-26). See
Boysen, column 5, line 1. Keogh’s alkylhydroxyphenylalkanoyl
hydrazines are polar compounds. Appeal Brief, page 2. As
further pointed out by appellants, the primary objective in Keogh
was to find antioxidants which would not be extracted from the
cable insulation by a surrounding filler grease. Id. See Keogh,
column 1, lines 48-52. Coaxial cable does not contain grease and
preventing extraction of antioxidants from insulation by a grease
would not, therefore, be of concern to one of ordinary skill in
the art in the design of a coaxial cable. See Appeal Brief, page
2.
6
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007