U.S. Patent No. 6,998,537:
`
`Excerpts of Reexamination No. 95/000,476
`
`

`

`Request for Inter Partes Reexamination, June 11, 2009 (Excerpts)
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`

`

`acerMail,Label No. EM 154187845 US,in anan envelope addressed to: Mail Stop /nterPartes
`PS. Box 1450,
`
` | hereby certify that this correspondenceis being deposited with the U.= Postal Service as
`
`Docket No. 13291.105076
`(PATENT)
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`InreReexaminationof.=~~~Control No. 95/000,476
`
`William T. Clark etal.
`
`Patent No.: 6,998,537
`
`Issue Date: February 14, 2006
`
`For: MULTI-PAIR DATA CABLE WITH
`CONFIGURABLE CORE FILLING AND PAIR
`SEPARATION
`
`Examiner: Not Yet Assigned
`
`Art Unit: Not Yet Assigned
`
`REPLACEMENT
`
`REQUEST FOR INTER PARTES REEXAMINATION UNDER37 C.F.R. § 1.915
`
`Mail Stop Inter Partes Reexam
`ATTN: Central Reexamination Unit
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`In response to the Notice of Failure to Comply with /nter Partes Reexamination Request
`
`Filing Requirements mailed June 11, 2009, Requesters hereby submit this Replacement Request
`
`for Inter Partes Reexamination Under 37 C.F.R. § 1.915.
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`Page 3
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`CommScopev. Belden
`CommScope Exhibit 1058
`IPR2023-01061
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`Table 1
`
`Claim 1 Limitation
`
`Claim 19 Limitation
`
`“a plurality of twisted
`Claim limitation [la]:
`Claim limitation [19a]: “a plurality of twisted
`pairs of insulated conductors comprisingafirst
`pairs of insulated conductors comprising a first
`twisted pair of insulated conductors and a
`twisted pair of insulated conductors and a
`second twisted pair of insulated conductors.”
`second twisted pair of insulated conductors.”
`
`“a substantially flat
`Claim limitation [1b]:
`separator
`disposed
`configurable
`dielectric
`between the plurality of twisted pairs of
`conductors
`in the finished communications
`cable, that separates the first twisted pair of
`insulated conductors from the second twisted
`pair of insulated conductors.”
`
`‘a substantially flat
`Claim limitation [19b]:
`configurable dielectric separator that consists
`of
`non-conductive,
`dielectric materials
`disposed between the plurality of twisted pairs
`of conductors that separates the first twisted
`pair of insulated conductors from the second
`twisted pair of insulated conductors.”
`
`Claim limitation [1c]: “a jacket enclosing the
`plurality
`of
`twisted
`pairs
`of
`insulated
`conductors and the
`configurable dielectric
`separator.”
`
`“fa jacket enclosing the
`Claim limitation [19c]:
`pairs
`of
`insulated
`plurality
`of
`twisted
`conductors and the configurable dielectric
`separator.”
`
`“wherein the plurality
`Claim limitation [1d]:
`of twisted pairs of insulated conductors and the
`substantially
`flat
`configurable
`dielectric
`separator are twisted about a common axis to
`form the finished communications cable.”
`
`the
`“wherein
`[19d]:
`Claim limitation
`configurable
`dielectric
`substantially
`flat
`separator includes a foamed polymer.”
`
`The *866 patent discloses claim limitations [19a], [19b], and [19c] of the ‘537 patent as is
`
`described for claim limitations [la], [1b], and [lc] of the ‘537 patent.
`
`Claim limitation [19a] recites “a plurality of twisted pairs of insulated conductors
`
`comprising a first twisted pair of insulated conductors and a second twisted pair of
`
`insulated conductors.” The ‘866 patent discloses a plurality of twisted pairs, including a first
`
`twisted pair and a second twisted pair. See Figure 5 showing four twisted pairs. Figure 5
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`illustrates one disclosed cable in the ‘866 patent. The cable contains four twisted pairs of
`
`insulated conductors (item 1), The cable also includes two substantially flat configurable pair
`
`separators (item 5). The conductors are insulated. See ‘866 patent, English trans. at 3 (“The
`
`copper conductor or cants preferably have an insulation 3 consisting of a thermoplastic,
`
`especially polyethylene,
`
`cellular polyethylene,
`
`foam-skin polyethylene,
`
`skin-foam-skin
`
`polyethylene, polypropyleneor cellular polypropylene.”).
`
`Claim [19b] recites
`
`“a substantially flat configurable dielectric separator that
`
`
`
`pairs of conductors that separates the first twisted pair of insulated conductors from the
`
`second twisted pair of insulated conductors.” The ‘866 patent discloses a cable with a
`
`plurality of twisted pairs, and a substantially flat configurable dielectric separator consisting of
`
`non-conductive materials, as it includes a plastic coated metalfoil.
`
`To the extent that the limitation that the dielectric pair separator “consist[s] of a dielectric
`
`layer” is not expressly or inherently disclosed by the ‘866 patent, it would have been obviousto
`
`one of ordinary skill in the art to modify the separator of the ‘866 patent to consist of a dielectric
`
`layer only. First, one of ordinary skill in the art would be under market pressure to reduce costs
`
`for the cable and eliminating the metal foil would likely reduce the cost of the cable. See KSR
`
`Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421 (2007) (“When there is a design need or market
`
`pressure to solve a problem and there are a finite number of identified, predictable solutions, a
`
`person ofordinary skill has good reason to pursue the known options within his or her technical
`
`grasp.”). See also, ‘866 patent, Engl. trans. at 1 (discussing the expenseofprior art cables); ‘537
`
`patent, col. 2,
`
`ll. 58-59 (‘‘Accordingly, some of the problems with the above known
`
`configurations are that they are expensive, ....”).
`
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`Second, as illustrated in the ‘683 patent and Figure 9, above, there are only a finite
`
`number of combinations of plastic and metal components for separators. The ‘683 patent shows
`
`four ofthe six possible combinations- the other two being a plastic material sandwiched in metal
`
`and an all plastic material separator.
`
`It would have been obvious for one of ordinary skill in the
`
`art to try all six of these configurations, including an all plastic separator(that is, a dielectric pair
`
`separator that “consist[s] of a dielectric layer,”)* Indeed, the plastic only version would be tried
`
`since the objective of the ‘537 patent is to reduce cross talk. See ‘537 patent, col. 2, 1. 65 - col. 3,
`
`], 2 “Therefore, a need exists for a high-speed data cable having multiple twisted pair wires with
`
`desired cross talk performance,
`
`improved handling, and termination capabilities,
`
`that
`
`is
`
`inexpensive, flexible and has a desired size.”).? As such, the other electromagnetic shielding
`
`aspects of the metal foil are not as necessary for reducing cross talk since physical separation is a
`
`key factor in reducing cross talk, and, to save costs, it would be an obvious modification to one
`
`of ordinary skill
`
`in the art to remove the foil and use just a plastic separator to achieve the
`
`objectives of the ‘537 patent.
`
`Claim limitation [19c] recites “a jacket enclosing the plurality of twisted pairs of
`
`insulated conductors and the configurable dielectric separator.” The ‘866 patentdiscloses a
`
`cable with the twisted pairs and separator within a protective sheath (item 4 in Figure 5, above).
`
`See also ‘866 patent, English trans. at 3 (“As an outer mechanical protection, an invention-
`
`5A single layer, dielectric separator is well knownin the electrical cable art area. See, e.g., Exhibit 28, U.S. Patent
`No. 1,976,847 (disclosing a separator between the individual insulated conductors of a twisted pairs); U.S. Patent
`No. 2,538019 (disclosing a flat configurable paper separator that can be folded to form channels, as shown in Figs.
`2-5); U.S. Patent No. 483,285 (disclosing a twisted flat non-conducting strip separating two conductors). The
`documents in Exhibit 28 are cited as background information for the Examiner’s reference.
`°* See also, Exhibit 20, prosecution history of European Patent Application No. 00919342.6-2222 (EP Patent
`Publication No. 1157393) (where the European Patent Office held that it would have been obvious to modify the
`separator of the ‘866 patent to consist of non-conductive material in view of prior art disclosing plastic coated metal
`foil). The prosecution history of European Patent Application No. 00919342.6-2222 is cited herein as background
`information for the Examiner’s reference.
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`specific transmission cable has a cable cover 4, which consists of customary thermoplastic cover
`
`materials.”). The cable cover of the ‘866 patent encloses the twisted pairs and dielectric pair
`
`separator.
`
`Claim limitation [19d] recites “wherein the substantially flat configurable dielectric
`
`separator includes a foamed polymer.”
`
`The ‘748 patent discloses fluorinated ethylene propylene (FEP) polymer (among other
`
`materials) for use in data cables to achieve flame retardancy and minimize smoke. These
`
`materials are dielectrics and are non-conductive, as they are used as insulators for copper
`
`conductors. The ‘748 patent is directly related to materials used for flame retardancy and smoke
`
`suppression in data communications cables. See generally, ‘748 patent. The ‘748 patent issued
`
`Sep. 23, 1997, qualifying it as prior art under 35 U.S.C. § 102(b).
`
`The ‘748 patent further discloses “the electrical performance of an insulating material is
`
`enhanced by foaming or expanding the correspondingsolid material. Foaming also decreases the
`
`amount of flammable material employed for a given volume of material. Accordingly, a foamed
`
`material is preferably employed to achieve a favorable balanceofelectrical properties and flame
`
`retardancy.” See ‘748 patent, Table 1 and col. 3, II. 11-25.
`
`Although the ‘748 patent claims are directed to a composition of materials for use to
`
`insulate a conductor,
`
`the “Background of the Invention” section discusses electrical and fire
`
`retardancy properties of materials used in cables generally. One of ordinary skill in the art would
`
`have known to combine the teaching of foamed polymer disclosed in the ‘748 patent to modify
`
`the pair separator of the ‘866 patent, to achieve a pair separator with non-conductive, dielectric
`
`materials only, where the materials include a foamed polymer -- achieving the recitations of
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`claim limitation 19b and claim limitation 19d.
`
`In summary, by modifying the pair separator of
`
`the ‘866 patent with the materials disclosed in the ‘748 patent, one of ordinary skill in the art
`
`would arrive at a pair separator that consists of non-conductive, dielectric material, where the
`
`material includes a foamed polymer.
`
`Please see the accompanying claim chart at Exhibit 5 for a detailed element-by-element
`
`analysis showing that claim 19 is unpatentable under 35 U.S.C. § 103(a) as being obvious over
`
`the ‘866 patent in view of the ‘683 patent and the ‘748patent.
`
`Reasons to combine the ‘866 patent, the ‘683 patent, and the ‘748 patent
`
`All
`
`three patents relate to data communications cables. The ‘683 patent discloses
`
`multiple configurations of separators that can be used in a communications cable. Accordingly,
`
`it would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`include an appropriately configured separator in the cable of the ‘866 patent, based on the
`
`teachings of the ‘683 patent. One ofordinary skill in the art would have a reasonable expectation
`
`of success of using a different separator configuration the cable structure of the ‘866 patent based
`
`on the teachings of the ‘683 patent, because of the substantial overlap of technology and the
`
`predictable result achieved by combining the relevantteachings.
`
`The ‘748 patent is specifically related to the types of materials that are optimal to meet
`
`fire and electrical standards. The ‘748 patent demonstrates that one of ordinary skill in the art
`
`would have known that certain materials may be used to achieve flame retardance without
`
`degrading cable transmission performance.
`
`It would have been obvious to one of ordinary skill
`
`in the art to combine the materials of the ‘748 patent with the cable structure of the ‘866 patent,
`
`as modified based on the teachings ofthe ‘683 patent, to achieve the subject matter of claim 19.
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`As to a configurable separator,
`
`there are a finite number of identified, predictable
`
`potential solutions as to the shape of the separator. The separator can be either less than or equal
`
`to 180° around a pair, or greater than 180 degrees around a pair. Further, Figure 2 of the ‘866
`
`patent (Figure 4 above) discloses at least some of the pairs with the separator being not more
`
`than 180 degrees around the pair. One of ordinary skill in the art would have a reasonable
`
`expectation of success of using a separator that did not extend more than 180 degrees around a
`
`pair. As such, it would have been obviousto one of ordinary skill in the art to try a configuration
`
`where the separator did not extend more than 180° around anypair.
`
`(b)
`
`Claim 20 is unpatentable under35 U.S.C.
`§ 103(a) as being obvious over the ‘866 patent in
`view of the ‘683 patent and the ‘748 patent
`
`Asdiscussed previously, the combination of the ‘866 patent, the ‘683 patent, and the ‘748
`
`patent discloses all limitations of claim 19. Claim 20, which depends directly from claim 19,
`
`recites “|t]he communications cable as claimed in claim 19, wherein the substantially flat
`
`configurable dielectric separator _includes_a_flame-retardant,
`
`low-dielectric constant,
`
`foamed polymer tape.” The ‘748 patent discloses fluorinated ethylene propylene (FEP)
`
`polymer (among other materials) for use in data cables to achieve flame retardancy and minimize
`
`smoke. FEP has a low dielectric constant and is flame retardant. The ‘748 patent is directly
`
`related to materials used for flame retardancy and smoke suppression in data communications
`
`cables. See generally, ‘748 patent.
`
`The ‘748 patent further discloses “the electrical performance of an insulating material is
`
`enhanced by foaming or expanding the corresponding solid material. Foaming also decreases the
`
`amount of flammable material employed for a given volume of material. Accordingly, a foamed
`
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`D.
`
`Rejections of Claims 1, 2, 4-8, 11, and 19-22 of the ‘537 patent in view of the
`‘470 patent either alone or in combination with other prior art printed
`publications
`
`Requesters propose the following rejections of claims 1, 2, 4-8, 11, and 19-22 of the ‘537
`
`patent based on the ‘470 patent either alone or in combination with other prior art printed
`
`publications:
`
`1.
`
`2.
`
`3.
`
`4,
`
`5.
`
`Claims1 and 2 are anticipated by the ‘470 patent (See Claim Chart,
`Exhibit 9)
`
`Claims 4 and 6-8 are obvious over the ‘470 patent in view ofthe ‘748
`patent (See Claim Chart, Exhibit 9)
`
`Claims 19-22 are obvious over the ‘470 patentin view ofthe ‘748 patent
`(See Claim Chart, Exhibit 9)
`
`Claim 5 is obvious over the ‘470 patent in view of the ‘217 patent (See
`Claim Chart, Exhibit 9)
`
`Claim 11 is obvious over the ‘470 patent (See Claim Chart, Exhibit 9)
`
`Requesters provide below a concise explanation of the ‘470 patent, followed by its
`
`application to the claims of the ‘537 patent. The claim chart in Exhibit 9 provides a complete
`
`analysis of how the ‘470 patent renders the claims of the ‘537 patent as unpatentable.
`
`a.
`
`The ‘470 patent (Reference at Exhibit 8; Claim Chart at
`Exhibit 9)
`
`JP Patent No. Sho43(1968)-15470 published on Jun. 28, 1968, making it prior art under
`
`35 U.S.C. §102(b). The ‘470 patent was notin front of the Patent Office during the prosecution
`
`of the application that matured into the ‘537 patent. The ‘470 patent anticipates Claims 1 and 2.
`
`The ‘470 patent also renders obvious claims 4-8, 11, and 19-22 of the *537 patent in view of U.S.
`
`Patent No. 5,670,748 and Claim 5 in view of European Patent Application EP0569217A2.
`
`Please refer to Exhibit 9 for details on how the ‘470 patent, in combination with other prior art
`
`printed publications, renders these claims of the ‘537 patent unpatentable.
`
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`The ‘470 patent teachesa flat dielectric separator can be configured. Figure 2 of the ‘470
`
`patent, reproduced as Figure 12, below, shows the configured separator 2 separating “insulated
`
`element wire or stranded groupings of such”(that is, twisted pairs) 1.
`
`‘470 patent, Engl. transl.
`
`Detailed Explanation of the Invention. The cable also includes a cable sheath 4. See id.
`
`
`
`Figure 12.
`
`‘470 Patent, Figure 2
`
`b.
`
`Claims1 and 2 are anticipated by the ‘470 patent
`
`The following is a quotation of 35 U.S.C. § 102(b) that forms the basis for all of the
`
`following anticipation rejections:
`
`A personshall be entitled to a patent unless...
`
`(b) the invention was patented or described in a printed publication in this or a foreign
`country or in public use or on sale in this country, more than one year prior to the date of
`the application for patent in the United States[.]
`
`(1)
`
`Claim 1 is unpatentable under 35 U.S.C. § 102(b) as
`being anticipated by the ‘470 patent
`
`Claim limitation [la]
`
`recites “a plurality of twisted pairs of insulated
`
`conductors comprising a first twisted pair of insulated conductors and a second
`
`twisted pair of insulated conductors.” The ‘470 patent discloses a cable with a
`
`plurality of twisted pairs. See ‘470 Patent Translation, Detailed Explanation of the
`
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`Invention (“As communications cable, there is a tendency to use a plurality of either
`insulated element wires or else stranded pairs or stranded sea of such, or otherwise to
`
`use so-called [alternately] stranded cable with which units of the wires are stranded in a
`
`mannersothat the stranding direction is reversed at points in time within a fixed cycle.”)
`
`(emphasis added).
`
`Claim limitation [lb]
`
`recites “a substantially flat configurable dielectric
`
`separator disposed between the plurality of twisted pairs of conductors in the
`
`finished communications cable, that separates the first twisted pair of insulated
`
`conductors from the second twisted pair of insulated conductors.” The ‘470 patent
`
`discloses a flat pair separator (2), as shown in Figure 2 of the patent, which is reproduced
`
`above as Figure 12:
`
`The first twisted pair is on one side of the separator (2) and the second twisted
`
`pair is on the other side of the separator. The separator is made of rigid plastic
`
`(dielectric). See ‘470 Patent Translation, Detailed Explanation of the Invention.
`
`The pair separator is configurable, at
`
`least during the cable manufacturing
`
`process. The plastic is kept at a certain temperature such that the separator can be bent
`
`into the alternatively twisting shape as the cable is twisted. See ‘470 Patent Translation,
`
`Detailed Explanation of the Invention (“Core material 2 is most effectively shown in
`
`Figure 2; as shown therein, the material is formed into a reciprocatingly twisted state by
`
`slowly changing the facing of both surfaces as the material moves in the longitudinal
`
`direction. This can be achieved by twisting the facing direction of the plate body to the
`
`opposing direction at fixed intervals while maintaining the rigid plastic or other material
`
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`of the horizontal plate at a prescribed temperature.”). The separator then becomesrigid
`
`once configuredinto its desired configuration.
`
`Claim limitation [1c] recites “a jacket enclosing the plurality of twisted pairs
`
`of insulated conductors and the configurable dielectric separator.” The ‘470 patent
`
`discloses a cable with the twisted pairs and separator within a protective sheath (item 4 in
`
`Figure 12, above).
`
`Claim limitation [1d] recites “wherein the plurality of twisted pairs of insulated
`
`conductors and the substantially flat configurable dielectric separator are twisted about a
`
`common axis to form the finished communications cable.” The entire ‘470 patent teaches
`
`twisting the cable about a commonaxisto finish the cable. The cable is alternatively twisted
`
`about its center axis. Figure 2 of the ‘470 patent, reproduced above, depicts the characteristic
`
`twist of the cable. See Figure 12, above.
`
`Please see the accompanying claim chart at Exhibit 9 for a detailed element-by-element
`
`analysis showing that claim 1 is unpatentable under 35 U.S.C. § 102(b) as being anticipated the
`
`‘470 patent.
`
`(2)
`
`Claim 2 is unpatentable under 35 U.S.C. § 102(b) as
`being anticipated by the ‘470 patent
`
`As discussed previously, the ‘470 patent disclosesall limitations of claim 1. Claim 2,
`
`which depends directly from claim 1, additionally recites “wherein the substantially flat
`
`configurable dielectric separator is arranged to have no more than one concave surface to
`
`provide a groove extending along a longitudinal length of the communications cable.” The
`
`‘470 patent discloses a separator that is substantially flat, configurable, dielectric, and arranged
`
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`(3)
`
`Claim 11 is unpatentable under 35 U.S.C. § 103(a) as
`being obvious over the ‘470 patent
`
`As discussed previously, the ‘470 patent discloses all limitations of claim 1. Claim 11,
`
`which depends directly from claim 1, additionally recites “further comprising a conductive
`
`shield substantially surrounding the plurality of twisted pairs of insulated conductors and
`
`the substantially flat configurable dielectric separator.” A conductive shield would be
`
`obviousto try as there are only two design choices - a conductive shield or no conductive shield.
`
`See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421 (2007) (“When there is a design need or
`
`market pressure to solve a problem and there are a finite number of identified, predictable
`
`solutions, a person of ordinary skill has good reason to pursue the known options within his or
`
`her technical grasp.”). Accordingly, it would have been obvious to a person of ordinary skill in
`
`the art to include a conductive shield with the cable structure of the ‘470 patent to satisfy a
`
`recognized design need.
`
`Please see the accompanying claim chart at Exhibit 9 for a detailed element-by-element
`
`analysis showing that claim 5 is unpatentable under 35 U.S.C. § 103(a) as being obvious over the
`
`“470 patent.
`
`(4)
`
`Claims 19-22 are obvious over the ‘470 patent in view of
`the ‘748 patent
`
`(a)
`
`Claim 19 is unpatentable under 35 U.S.C. §
`103(a) as being obvious over the ‘470 patent in
`view of the ‘748 patent
`
`As seen in Table 2, above, claims 1 and 19 have corresponding claim limitations -- claim
`
`limitations [19a], [19b], and [19c] of the ‘537 patent correspond to claim limitations [la], [1b],
`
`and[1c] of the ‘537 patent. The ‘470 patent discloses claim limitations [19a], [19b], and [19c] of
`
`the ‘537 patent as is described for claim limitations [1a], [1b], and [1c] of the ‘537 patent, above.
`
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`Claim limitation [19b] recites a non-conductive separator. As described above in
`
`connection with claim 1, the “470 patent discloses a separator made ofrigid plastic, which is
`
`non-conductive. See ‘470 Patent Translation, Detailed Explanation ofthe Invention.
`
`As for claim limitation [19d]: “wherein the substantially flat configurable dielectric
`
`separator includes a foamed polymer,” the ‘470 patent discloses a plastic separator. To the
`
`extent that this material of the ‘470 patentis not “foamed,” the ‘748 patent teaches the benefits of
`
`foaming.
`
`It discloses fluorinated ethylene propylene (FEP) polymer (among other materials) for
`
`use in data cables to achieve flame retardancy and minimize smoke. FEP has a low dielectric
`
`constant (that is, is a dielectric material) and is a flame retardant polymer. The ‘748 patent is
`
`directly related to materials used for
`
`flame retardancy and smoke suppression in data
`
`communications cables. See generally, ‘748 patent.
`
`The ‘748 patent further discloses “the electrical performance of an insulating material is
`
`enhanced by foaming or expanding the corresponding solid material. Foaming also decreases the
`
`amount of flammable material employed for a given volume of material. Accordingly, a foamed
`
`material is preferably employed to achieve a favorable balance of electrical properties and flame
`
`retardancy.” See ‘748 patent, Table 1 and col. 3, Il. 11-25.
`
`In other words, the ‘748 patent
`
`teaches that a foamed polymer, such as foamed FEP, can be used as materials in data
`
`communications cables to achieve flame retardancy and smoke suppression while meeting
`
`electrical performance.
`
`Although the ‘748 patent claims are directed to a composition of materials for use to
`
`insulate a conductor,
`
`the “Background of the Invention” section discusses electrical and fire
`
`retardancy properties of materials used in cables generally. One ofordinary skill in the art would
`
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`Exhibit5
`
`REPLACEMENT
`
`DE 297 19 866 U1 alone or in combination with other prior art anticipates or renders obvious U.S. Patent
`No. 6,998,537 under 35 U.S.C. §§ 102(b) and 103(a)
`
`All cited text is taken from the following documents:
`
`DE 297 19 866 U1, to NK Networks, GmbH,entitled “Data transmission cable,” published Feb. 5, 1998 (prior art under 35
`U.S.C. 102(b))
`.
`:
`
`U.S. Patent No. 3,622,683, to Roberts et al., entitled “Telephone cable with improved crosstalk properties,” filed on Nov. 22,
`1968, and issued on Nov.23, 1971 (prior art under 35 U.S.C. 102(b))
`
`U.S. Patent No. 5,670,748, to Gingueet al., entitled “Flame retardant and smoke suppressant composite electrical insulation,
`insulated electrical conductors, and jacketed plenum cable formed therefrom,”filed on Feb. 15, 1995, and issued on Sep. 23, 1997
`(prior art under 35 U.S.C. 102(b)).
`
`European Patent Application EP0569217A2, to Martin J. Weinberg,entitled “Fiberglass cloth resin tape insulation,” and
`published on Oct. 11, 1993 (prior art under 35 U.S.C. 102(b))
`
`U.S. Patent No. 5,789,711, to Gaeris et al., entitled “High-performance data cable,” filed on Apr. 9, 1996, and issued on Aug.
`4, 1998 (prior art under 35 U.S.C. 102(€))
`US. Patent No. 3,888,710, to William R. Burk, entitled “Processing cable filling compounds,”filed on May 10, 1974, and
`issued on June 10, 1975 (prior art under 35 U.S.C. 102(b))
`
`U.S. Patent No. 4,096,346,to Stine etal., entitled “Wire and cable,”filed on Jan. 24, 1975, and issued on Jun. 20, 1978 (prior
`art under 35 U.S.C. 102(b))
`
`

`

`U.S. Patent No. 5,969,295, to Boucinoetal., entitled “Twisted pair communicationscable,” filed on Jan. 9, 1998, and issued
`on Oct. 19, 1999 (prior art under 35 U.S.C. 102(e))
`
`Summary:
`
`1. Claims 1-3, 11-13, and 15-17 are anticipated by the ‘866 patent
`
`2. Claims 1-3, 11-13 and 15-17 are obvious over the ‘866 patent in view of the ‘683 patent
`
`3. Claims 1-3, 11-13 and 15-17 are obvious over the ‘866 patent in view ofthe ‘683 patent and further in view of the ‘295 patent
`
`4. Claims 4 and 6-8 are obvious over the ‘866 patent in view of the ‘683 patent and further in view of the ‘748 patent
`
`5, Claim 5 is obvious over the ‘866 patent in view of the ‘683 patent and further in view of the ‘217 patent
`6. Claims 9 and 10 are obvious over the ‘866 patent in view ofthe ‘683 patent and further in view of the ‘711 sateiit
`
`7. Claims 9 and 10 are obvious over the ‘866 patent in view of the ‘683 patent and further in view of the ‘710 patent
`
`8. Claims 13 and 14 are obvious overthe ‘866 patent in view of the ‘683 patent and further in view ofthe *346 patent
`
`9. Claim 18 is obvious over the ‘866 patent in view ofthe ‘683 patent
`
`10. Claims 19-22 are obvious over the ‘866 patent in view of the ‘683 patent and the ‘748 patent
`
`

`

`Claim Chartfor U.S. Patent No. 6,998,537
`
`Based on DE 297 19 866 U1
`
`Claim Element
`
`Disclosure of DE 297 19 866 U1
`
`Claim 1. A finished
`The ‘866 patent discloses a finished communications cable: “An invention-
`communications cable
`specific data transmission cable depicted in figure 1 has four pairs 1 of
`insulated, stranded copper conductors.. .”; p. 3;
`comprising:
`
`a plurality of twisted pairs
`of insulated conductors
`comprising a first twisted
`pair of insulated conductors
`and a secondtwisted pair of
`insulated conductors;
`
`Page 3 ofthe ‘866 patent discloses a cable with 4 pairs of conductors. See also
`Figure 1, where the four items marked “1” represent twisted pairs. As can be
`seen in the figure, the conductors (item “2”) are insulated (item “3”).
`
`one side of the separator, both sides of the separator, with the metal component
`
`Page 5 of the ‘866 patent discloses the separator as either aluminum foil or
`aluminum foil covered in plastic. “The shielding 5 or the partial shielding 11,
`12 preferably consists of metal foils, especially aluminum foils or aluminum
`foils laminated by plastic.” ‘866 patent, Eng.transl. specification p. 5. This
`second embodimentis a dielectric pair separator.
`
`a substantially flat
`configurable dielectric
`separator disposed between
`the plurality of twisted pairs
`of conductors in the finished
`communications cable, that
`separates the first twisted
`
`U.S. Patent 3,622,683 (‘683 patent) discloses that the plastic covering can be on
`
`

`

`Claim Element
`
`Disclosure of DE 297 19 866 U1
`
`pair of insulated conductors|sandwichedinside, or totally encase the metal component. Col. 4,Il. 48-60 and
`from the second twisted pair|Figs. 5-8.
`of insulated conductors;
`The separator ofthe ‘866 patentis configurable. See the configurationsin
`Figures 2-5 below.
`
`Figures 5-10:
`
`Comparethe configurable separators of the ‘866 patent to the configurable
`separators in the disclosed embodimentsof the ‘537 patent shown below in
`
`

`

`Claim Element
`
`Disclosure of DE 297 19 866 Ul
`
`
`
` The ‘866 patent discloses a cable with the wires within a protective sheath (item
`
`and a jacket enclosing the
`plurality of twisted pairs of
`
`. See also ‘866 patent, English trans. at 3 (“As an outer
`i
`
`
`
`

`

`concave surface.
`
`The ‘866 patent discloses stranding, such as SZ stranding, the cable comprising
`twisted pairs and the configurable tape separator.
`SZ stranding is a form of
`twisting to close a cable where the cableis alternatively twisted to the right and
`left about the central axis of the cable. “11. Data transmission cable according
`to one or more of claims 1 to 10, characterized in that the conductorpairs (1)
`are stranded to form helixesor are SZ-like.” ‘866 patent, Eng.transl. claim 11.
`
`Alternatively, the ‘295 patent discloses twisting the pairs about a commonaxis.
`“295 patent. col. 4, ll. 10-22. The Patent Office identified the ‘295 patent as
`satisfying this limitation for claim 1 of the ‘537 patent. See discussion abovein
`connection with DE ‘484 (Section ILA).
`
`Figure | above ofthe ‘866 patent discloses a single concave groove in the
`separator.
`
`See also Figure3 of the ‘866 patent showing a channel formed by tape with a
`
`Claim Element
`
`Disclosure of DE 297 19 866 U1
`
`insulated conductors and the
`configurable dielectric
`separator,
`
`mechanical protection, an invention-specific transmission cable has a cable
`cover 4, which consists of customary thermoplastic cover materials.”). The
`cable cover ofthe “866 patent enclosesthe twisted pairs and dielectric pair
`separator.
`
`wherein theplurality of
`twisted pairs of insulated
`conductors and the
`substantially flat
`configurable dielectric
`separator are twisted about a
`commonaxis to form the
`finished communications
`cable.
`
`Claim 2. The
`communications cable as
`claimed in claim 1, wherein
`the substantially flat
`
`

`

`Claim Element
`
`Disclosure of DE 297 19 866 U1
`
`separatoris arranged to have
`no more than one concave
`
`surface to provide a groove
`extending along a
`longitudinal length of the
`communications cable.
`
`
`
`
`
`
`
`Claim 3. The
`See Figure 4 of the ‘866 patent. The embodimentof the ‘866 patent in Figure 4
`communications cable as
`
`showsa configuration where a pair separator has two grooves, with a twisted
`
`
`pair in each of the two grooves.
`claimed in claim 1, wherein
`
`
`the substantially flat
`configurable dielectric
`
`separatoris arranged within
`the jacket to provide at least
`
`two grooves, at least one
`
`twisted pair of insulated
`
`conductors being disposed
`
`within each oftheat least
`
`
`two grooves.
`
`
`
`Claim 4. The
`U.S. Patent No. 5,670,748 discloses at col. 2, II. 28-31 fluorinated ethylene
`communicationscable as
`
`
`propylene (FEP) polymer (among other materials) for use in data cables to
`
`
`achieve flame retardancy and minimize smoke. The ‘748 patentis directly
`claimed in claim 1, wherein
`