Appeal No. 2005-2005
Application 10/273,845
designated as "1" in Figs. 1 and 2 where the design of the core
depends upon the type of cable, and the core may include multiple
insulated wires and filler 7 as in Figs. 3 and 5 (RBr4-5).
We agree with appellants that the core comprises all
elements which are surrounded by the protecting sheath, which is
consistent with Figs. 1-4. Thus, the filler 7 and the two
insulated conductors in Hayashi are part of the core. The
statement that "the insulation of the wires within the core 1 of
the cable in general and the filler 7 of the cable of FIGS. 3 and
4 can be made of expanded material" (spec. at page 6) says that
wires are within the core and does not indicate that the filler 7
is not part of the core. Only the interstitial filler 7 in
Hayashi is formed of expanded material and this filler 7 is not a
"layer" of the external extruded sheath 6. Thus, Hayashi does
not disclose an "external extruded sheath" which comprises at
least one flexible "layer of expanded material." For this
reason, the rejection of claims 1 and 16, and dependent claims 2,
4, 5, 7, 9, 12, 17, 18, 23, and 25 is reversed.
As to the limitation of the expanded material sheath "having
a tensile strength between 10.0 MPa and 50.0 MPa," the examiner
finds that since the fillers 7 are made of expanded PVC, and
since appellants stated in the specification that expanded PVC
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