Ex parte DEMASTERS - Page 2




          Appeal No. 98-0057                                                          
          Application No. 08/320,016                                                  


          still pending in the application have been withdrawn from                   
          consideration as being directed to a nonelected invention.                  
               Claim 1, the only independent claim on appeal, defines                 
          the invention as follows:                                                   
               1.   A helical pipe comprising an outer plastic layer and              
          an inner plastic layer wherein said outer plastic layer is an               
          ultraviolet light-protective color and said inner plastic                   
          layer is [sic, has] a light-reflecting color such that the                  
          interior of said helical pipe can be accurately inspected by                
          visual or video means.                                                      

               The following references are relied upon by the examiner               
          as evidence of obviousness in support of his rejection under                
          35 U.S.C. § 103:                                                            
          Fouss et al. (Fouss)          4,523,613                Jun. 18,             
          1985                                                                        
          Prassas et al. (Prassas)           5,299,885                Apr.            
          5, 1994                                                                     
                                                  (filed Aug. 14, 1992)               

               Appealed claims 1 through 8 and 15 stand rejected under                
          35 U.S.C. § 103 as being unpatentable over Fouss in view of                 
          Prassas. Appealed claims 1 through 8 additionally stand                     
          rejected under 35 U.S.C. § 112, second paragraph, as being                  
          indefinite for failing to particularly point out and                        



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