Ex Parte 4847448 et al - Page 12



          Appeal No. 2006-0737                                                        
          Reexamination Control No. 90/005,944                                        
          Reexamination of U.S. Patent No. 4,847,448                                  
               The Examiner has found that Leef describes a coaxial cable             
          comprising a metal tape including a metal layer which has a                 
          thickness of approximately 1 μm formed from copper. (Examiner’s             
          Answer, page 5, lines 14-16.)                                               
               The examiner concluded that it would have been obvious to one          
          of ordinary skill in the art at the time the invention was made to          
          use the copper layer of Leef as copper is a good conductor.                 
          Further, the examiner concludes that it would have been obvious to          
          adjust the thickness of the layer as it was known in the art that           
          a thicker layer would provide better shielding, while a thinner             
          layer would provide better flexibility.  Finally, the examiner              
          notes that optimization of these properties involves only routine           
          skill in the art.  (Examiner’s answer, paragraph spanning pages 5           
          and 6.)                                                                     
               The appellant has not contested either the findings of fact            
          or the conclusions of law made by the examiner in this rejection.           
          Rather, the appellant states that he incorporates his previous              
          arguments made with respect to claim 1 relating to a deposited              
          metal layer.  (Appeal Brief, page 10, last two paragraphs.)                 
               As these rejections also include the Leef reference, we                
          observe that the rationale in reversing the rejections of claims 1          
          and 7 no longer applies.   It is well established that the Board            

                                         12                                           




Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next 

Last modified: November 3, 2007