Ex Parte LEMELSON - Page 7



          Appeal No. 2003-0545                                       Page 7           
          Application No. 08/436,096                                                  

               We find that in Snowden, core layer 70 has high conductivity           
          as well as high thermal conductivity (col.4, lines 15-20).  As              
          shown in figure 5, superconducting layer 68 is formed of layers             
          80 of superconducting material, interspaced with layers 82 which            
          "may be a material of normal conductive or insulative properties"           
          (col. 4, lines 60-67).  Although the innermost layer 82 of                  
          superconducting layer 66 abuts core layer 70, layer 82 is formed            
          on the outside of layer 70 and is not formed as an electrically             
          insulating material on an outer stratum of elongated wire-like              
          layer 70, as required by claim 1.  In addition, we find that                
          Sakurai2 is directed to a fiber optic cable that is comprised of            
          an optical fiber 1 surrounded by a conductive layer 7, which in             
          turn is encased in plastic jacket 8 (figure 2 and translation,              
          page 2).  From the disclosure of Snowden relating to a                      
          superconductive wire, and the teaching of Sakurai relating to a             
          nonsuperconducting cable, we find no teaching or suggestion that            
          would have motivated an artisan to combine the teachings of the             
          two references in order to provide Snowden with a light                     
          conducting inner layer or core, as advanced by the examiner.  In            
          addition, because Snowden teaches that the inner core be a                  

               2 We rely upon the translation provided by the PTO.  A copy of the     
          translation accompanies the decision.                                       





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