Ex Parte 4847448 et al - Page 11



          Appeal No. 2006-0737                                                        
          Reexamination Control No. 90/005,944                                        
          Reexamination of U.S. Patent No. 4,847,448                                  
                    Specifically, the porous insulating material covering             
               layer 2 having necessary thickness is formed around the                
               periphery of the inner conductor 1, for example, by such               
               means as (a) a tape-shaped porous insulating material such as          
               foamed plastic is wound spirally around the periphery of the           
               inner conductor 1 along its lengthwise . . . .                         
               A reference is available for all that it discloses and                 
          suggests, even unpreferred embodiments.  See In re Lamberti, 545            
          F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); and In re Mills, 470          
          F.2d 649, 651, 176 USPQ 196, 198 (CCPA 1972).   It would have been          
          obvious to one of ordinary skill in the art at the time the                 
          invention was made to wind the insulator about the conductor such           
          that it was in contact with the conductor.  Additionally, JP ‘321,          
          the primary reference, makes no use of an adhesive resin.                   
               Accordingly, we conclude that claim 7 would have been obvious          
          to one of ordinary skill in the art at the time the invention was           
          made.                                                                       
          II. The Rejection of Claims 2-4, 6, and 9 Under 35 U.S.C. § 103(a)          
               Claims 2-4, 6 and 9 stand rejected under 35 U.S.C. § 103(a)            
          as being unpatentable over JP ‘321 in view of JP ‘622, further in           
          view of Leef.                                                               
               Claim 2 reads as follows:                                              
               2.  A coaxial cable as claimed in claim 1, wherein said metal          
               layer has a thickness of at least 0.2 μm.                              

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