Appeal 2007-2358
Reexamination Control No. 90/006,888
tensile strength polymer such as high molecular weight, high density
polyethylene. (442 patent at 3:52–56.) According to the preamble in
claim 1, the functions of the recited tube are to "slidably receive" and to
"provide a protective housing for" a cable. Thus, it is apparent from the
subsequent references in the body of the claim, that the limitation that
provides the capability to "slidably receive" the cable is the low coefficient
of friction of the inner surface. Similarly, it is also apparent that the high
tensile strength polymer material provides the capability of the claimed tube
to be a "protective housing for the cable."
Oestreich describes "an improved protective casing for optical fibers
and optical cables." (Oestreich at 1:9–11.) Oestreich describes two
requirements of protective casings. First, they must have "a small
coefficient of friction of the casing with respect to the optical transmission
element, with a loose arrangement of transmission element in the protective
casing." (Id. at 2:11–20.) Second, the casing must provide protection
against tran[s]versal forces as well as dynamic stresses," including
protection against buckling and lengthwise compression. These latter
properties are said to require a high modulus of elasticity and "great
toughness." (Id. at 2:11–26.)
According to Oestreich, it is "particularly advantageous" when the
inside diameter of the protective casing is about two to three times as large
as the outside diameter of the fiber or fiber bundle." (Oestreich at 2:32–41.)
Oestreich explains that the extra space is provided so that the optical
transmission element "can execute sufficiently large equalization
movements within the protective casing, particularly in the case of flexural
stresses." (Oestreich at 3:45 to 4:2.) Oestreich advises further that the
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