Ex Parte Scheidecker et al - Page 9



          Appeal No. 2005-2005                                                        
          Application 10/273,845                                                      
          and the polymer material has a degree of expansion from about 20%           
          to about 3000% (page 7, lines 31-33), which is relevant to                  
          claim 3.  The modulus of the polymer material decreases as the              
          degree of expansion of the material increases (page 18, line 28,            
          to page 19, line 12).  WO 98/52197 provides a number of suitable            
          materials (page 8, lines 5-32).  The background in WO 98/52197              
          indicates that it was known to use an expanded material around a            
          conductor to increase the transmission speed of the electrical              
          signals and to provide a film of nonexpanded polymer over an                
          insulating expanded polymer surrounding the conductor (pages                
          3-4), which is relevant to claim 5.  WO 98/52197 teaches that the           
          sheath is produced by extrusion and the material can be expanded            
          by chemical or gas "expanders" (e.g., page 22, line 32, to                  
          page 23, line 12), which is relevant to claims 2, 3, 17, and 20.            
               The difference between WO 98/52197 and the subject matter of           
          claims 1 and 16 is that WO 98/52197 teaches a flexural modulus              
          (tensile strength) before expansion of at least 200 MPa, whereas            
          the claims recite that the expanded material has a tensile                  
          strength of between 10.0 and 50.0 MPa.  The modulus of 200 MPa is           
          chosen so the expanded material will have a suitable impact                 
          strength.  The present invention is not concerned with impact               
          strength, but with reducing weight and amount of sheathing                  

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