Appeal No. 2006-0452
Application No. 10/442,040
Notwithstanding these considerations, the examiner rightly asserts that even
considering both insulation layers of independent claim 1, at page 4 of the answer, that
the wire as a whole comprises a core wire plus two insulation layers of 2.8 mils which
correspond to 70 μm. This is apparently agreed to by appellants at
the bottom of page 3 of the brief which states “[a]t a minimum,
then, the wire in Saunders should be 70 μm (2 mils for the
wire and 0.8 mils for the two coatings).” Appellants’ position
goes on, however, to assert that this thickness is enlarged
because of the use of the magnet wire lubricant which appellants
assert is not insignificant in its own thickness. The examiner
correctly addresses this argument at pages 9 and 10 of the answer
in two respects. The initial respect is that Saunders
specifically teaches at column 5, lines 32-36 that after
insertion into the motor housing, the magnet wire lubricant is
removed, substantially 100%. Additionally, the examiner
correctly notes that because independent claim 1 utilizes the
transitional term comprising, the use of the additional
lubricant, which would have some nominal thickness itself, claim
1 itself is open ended.
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