Ex Parte Grogl et al - Page 7



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

          Appellants respond that McGregor and Wargotz are                            
          completely silent about the values of tensile strength and                  
          elongation at break of the different layers of the cable sheath.            
          Appellants also respond that McGregor and Wargotz are silent                
          about any influence of additives to insulating materials in the             
          direction of tensile strength and elongation at break.  Finally,            
          appellants respond that the fact that both references relate to             
          power cables is insufficient to support their combination because           
          they relate to entirely different types of cables for entirely              
          different applications [reply brief, pages 1-3].                            
          We will not sustain the examiner’s rejection of claims 1-                   
          3, 8 and 9 for essentially the reasons argued by appellants in              
          the briefs.  Specifically, there is no support for the examiner’s           
          position that the additives in McGregor would have any                      
          substantial effect on the tensile strength or break at elongation           
          of the insulation layer.  Any assertion that the additives would            
          necessarily significantly lower the tensile strength and                    
          elongation at break of the modified layer is nothing more than              
          unsupported speculation.  We also agree with appellants that                
          there is no motivation to combine the teachings of Wargots with             
          the teachings of McGregor.  The additives described in McGregor             

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