Ex Parte Grogl et al - Page 2



          Appeal No. 2004-1879                                                        
          Application No. 9/915,528                                                   

          insulation material.  The sheath consists of only an inner layer            
          and an outer layer.  A particular feature of the invention is               
          that the values for tensile strength and elongation at break of             
          the inner layer are significantly lower than those of the outer             
          layer.                                                                      
          Representative claim 1 is reproduced as follows:                            
               1.  A cable with at least one transmission element,                    
               which is surrounded by a sheath of insulation material,                
               wherein the sheath (M) consists of only an inner layer (3)             
               and an outer layer (4), which are made of materials being              
               firmly bonded together when the outer layer (4) is extruded            
               around the inner layer (3) and wherein the values for                  
               tensile strength and elongation at break of inner layer (3)            
               are significantly lower than those of the outer layer (4).             
          The examiner relies on the following references:                            
          Wargotz et al. (Wargotz)          3,852,518      Dec. 03, 1974              
          Livingston et al. (Livingston)    5,426,264      June 20, 1995              
          McGregor et al. (McGregor)        6,403,890      June 11, 2002              
          (filed July 18, 2000)                                                       
          Claims 1-9 stand rejected under 35 U.S.C. § 103(a).  As                     
          evidence of obviousness the examiner offers Wargotz in view of              
          McGregor with respect to claims 1-3, 8 and 9, and Livingston is             
          added to this combination with respect to claims 4-7.                       
          Rather than repeat the arguments of appellants or the                       
          examiner, we make reference to the briefs and the answer for the            
          respective details thereof.                                                 

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