Appeal No. 2005-0289 Page 11
Application No. 09/491,841
From the disclosure of Ellinwood, we note at the outset that
there is no disclosure of a coaxial cable. In Ellinwood, the
conduit lines contain items such as air, oil and fuel. Ellinwood
also discloses "other conduits or similar lines" but does not
state that these conduits contain wires. Even if the conduits
did contain wires, there is no disclosure that the wires would be
coaxial with the conduit. Thus, we would have to resort to
speculation to find that the conduit lines are coaxial cables,
much less coaxial cables with bare segments. Although claim 1
initially refers to the coaxial cable and bare segments in the
preamble, the claim additionally refers to the coaxial cable and
bare segments in the body of the claim, such that the preamble is
given patentable weight.
In addition, we find that in Ellinwood, although there is
disclosure of the supporting clips providing cushioning support,
there is no disclosure that the cushioning support provides a
seal. We do not agree with the examiner's assertion (answer,
page 5) that "a seal is merely something that closes or fastens
tightly or securely." We find that the examiner has provided
only a portion of the Definition of a seal, and has taken the
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