Ex parte HERBERT et al. - Page 5




          Appeal No. 95-2930                                                          
          Application No. 08/043,953                                                  


               As a final point, we note that U.S. Patent No. 4,781,799               
          issued to Herbert, Jr. et al. on November 1, 1988 (Herbert)                 
          describes removing an electroformed hollow article (sleeve)                 
          from a mandrel by sliding the article away from the mandrel.                
          See column 20, lines 35-47 and column 22, lines 22-39.  Upon                
          return of this application, the examiner is advised to                      
          determine whether the Herbert reference affects the                         
          patentability of the claimed subject matter.  That is, the                  
          examiner is advised to determine whether sliding the article                
          necessarily involves twisting (circumferential movement) and                
          pulling the article or whether one of ordinary skill in the                 
          art would have reasonably expected that twisting and pulling                
          would have enhanced the sliding of the article away from the                
          mandrel.                                                                    
               In view of the foregoing, we reverse the examiner’s                    
          decision rejecting the appealed claims under 35 U.S.C. § 103                
          and remand                                                                  







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