Ex parte JUNG et al. - Page 2




                     Appeal No. 95-4344                                                                                                                                                
                     Application 08/087,030                                                                                                                                            


                     pending in the application.2                                                                                                                                      



                                The invention relates to a flexible crush-resistant conduit for deep undersea applications.  A                                                         

                     copy of the claims on appeal appears in the appendix to the appellants’ brief (Paper No. 30).                                                                     

                                The references relied upon by the examiner as evidence of obviousness are:                                                                             

                     Fulton                                                1,476,704                                             Dec.  11,  1923                                       
                     Collom                                                2,056,840                                             Oct.    6,   1936                                     

                      Chicago Metal Hose Corporation Catalog, pages 25, 31, 34 and 38 (1940)                                                                                           

                                Claims 18, 19 and 21 through 31 stand rejected under 35 U.S.C. § 103 as being unpatentable                                                             

                     over Collom in view of the Chicago Metal Hose Corporation Catalog, and claim 20 stands rejected                                                                   

                     under 35 U.S.C. § 103 as being unpatentable over Collom in view of the Chicago Metal Hose                                                                         

                     Corporation Catalog and Fulton.3                                                                                                                                  

                                Reference is made to the appellants’ brief (Paper No. 30) and to the examiner’s answer (Paper                                                          

                     No. 31) for the respective positions of the appellants and the examiner with regard to the merits of                                                              

                     these rejections.                                                                                                                                                 

                                Collom, the examiner’s primary reference, discloses an exhaust pipe for an internal combustion                                                         

                                2Claim 18 has been amended subsequent to final rejection.                                                                                              
                                3The examiner has withdrawn the 35 U.S.C. § 112, second paragraph, rejection of claims 18                                                              
                     through 31 which was set forth in the final rejection (see the advisory action dated October 18, 1994,                                                            
                     Paper No. 29)).                                                                                                                                                   
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