Ex Parte BARSNE - Page 5




          Appeal No. 2002-0104                                                        
          Application No. 09/254,605                                                  


          pacemaker, teaches a plurality of wires comprising a low-                   
          resistive material (silver) encased in an exterior jacket of                
          high-resistive material (a cobalt alloy).  Dahl discloses that              
          "[c]onductors fabricated in this fashion possess the property of            
          unusually high flexibility, fatigue resistance and conductivity"            
          (column 5, lines 58-60).  Accordingly, based on the collective              
          teachings of Comte and Dahl, we agree with the examiner's                   
          reasoning that it would have been obvious for one of ordinary               
          skill in the art to construct the conductors of Comte, which                
          comprise both high-resistive and low-resistive materials, in the            
          manner disclosed by Dahl, i.e., a low-resistive material encased            
          in a high-resistive material.                                               
               Appellant's arguments, for the most part, are not germane to           
          the scope of protection sought by claim 11 on appeal.  Appellant            
          maintains that:                                                             
               [E]ven if the Examiner considers the stranded wire                     
               bundles 11 in the Comte reference to correspond to the                 
               side-by-side wires of claim 11 of the present                          
               application, then of those side-by-side wires, one of                  
               those wires, according to claim 11, must comprise a                    
               low-resistive conductor, and at least two of those                     
               wires must comprise high-resistive conductors.                         
          (Page 10 of Brief, second paragraph).  However, appellant's                 
          argument is only meaningful if it is based upon an interpretation           
          of claim 11 wherein the claimed wire comprising a low-resistive             


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