Ex Parte Gorrell - Page 4



          Appeal No. 2005-0267                                                        
          Application No. 09/982,154                                                  

          cable of Hastings '827 by incorporating an additional                       
          electrically relatively non-insulative polymer layer which                  
          corresponds to appellant's third layer.                                     
               Dinzen discloses a high voltage cable comprising a                     
          conductive layer between the insulative layer and the layer of              
          braid wires, and teaches that such a construction prevents damage           
          to the cable during transient over-voltages.  Accordingly, we               
          find that it would have been obvious for one of ordinary skill in           
          the art to conduct a typical cost/benefit analysis to determine             
          whether it is economically prudent to include an additional                 
          electrically relatively non-insulative polymer layer in the high            
          voltage cable of Hastings '827.  Manifestly, such an analysis               
          would take into account the intended uses for the cable.                    
               Regarding the separate rejection of claims 3-8, we concur              
          with the examiner that Hastings '935 evidences the obviousness of           
          the specifically claimed features, for example, impregnating the            
          core with carbon black and using a carbon black-loaded                      
          polyethylene for the first electrically relatively non-insulative           
          polymer layer.  In our view, the prior art submitted by the                 
          examiner, taken as a whole, provides substantial evidence of the            
          obviousness of the material selected by appellant to construct              
          the claimed high voltage cable.                                             
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