Ex Parte Stipes - Page 7




          Appeal No. 2003-1485                                                        
          Application No. 09/885,086                                                  


          support arguments of unexpected results, we are unpersuaded by              
          this argument.                                                              
               Appellant asserts (Brief, page 8) that Dembiak is not                  
          analogous art.  Appellant argues that the field of endeavor is              
          different because the invention relates to "data cables with                
          individually shielded twisted pairs" whereas Dembiak relates to             
          "communication cables with sealed moisture barriers."  However,             
          both the invention and Dembiak are in the field of communication            
          cables, and, therefore, are within the same field of endeavor.              
          Thus, we are unconvinced that the examiner erred in rejecting               
          claims 1 and 7 over Deitz in view of Dembiak.  Accordingly, we              
          will sustain the obviousness rejection of claims 1 and 7.                   
               For the rejection of claims 2 and 3, the examiner adds                 
          Gareis to the primary combination of Deitz and Dembiak.                     
          Appellant contends (Brief, pages 8-9) that Gareis "has nothing to           
          do with preventing water penetration" and, thus, "[o]ne modifying           
          the Deitz cable, to prevent water penetration would therefore               
          utilize the Dembiak design."  However, Dembiak uses an                      
          overlapping edge not just to prevent water penetration, but also            
          to reduce slippage.  Gareis (column 1, lines 33-35) explains that           
          prior art designs with overlaps still have a loosening of the               
          shield where it overlaps (which in turn causes impedance                    

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