Ex parte NOONE et al. - Page 8




          Appeal No. 1995-1703                                                        
          Application 07/897,304                                                      


          that the artisan would understand the recited “ft/lbs” impact               
          parameter as referring to “foot-pounds,” a unit of work,                    
          rather than to a somewhat incomprehensible foot per pound                   
          unit.                                                                       


               Turning now to the merits of the rejection insofar as the              
          written description requirement is concerned, the claim                     
          limitations (claims 1, 15 and 21) requiring the outer and/or                
          interior layers of the tubing to be made of a thermoplastic                 
          having an elongation value of at least 150% and an ability to               
          withstand impacts of at least 2 ft/lbs at temperatures below                
          about -20EC find express support in the original disclosure on              
          specification pages 5 and 7 and in claims 1 and 15.  The claim              
          limitations (claims 10 and 19) relating to Santoprene, Kraton,              
          Sarlink, and  Vichem find express support in the original                   
          disclosure on specification pages 7, 8 and 12 and in claims 3,              
          10 and 19.  Thus, the disclosure of the application as                      
          originally filed would reasonably convey to the artisan that                
          the appellants had possession at that time of subject matter                
          embodying the claim limitations at issue (see Kaslow, supra).               


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