Appeal No. 1996-3582
Application No. 07/828,083
suggest a multi-layer tubular structure in which more than one
layer may be composed of a blend of different polymers.
However, in those particular instances PVC is used as one of
the polymeric components; whereas PVC is explicitly excluded
by appellants’ claims. We find no teaching or suggestion in
Morishita that some other polymer be used in place of the PVC
component in those examples. While the examiner refers to a
list of other polymers at page 8, paragraph 2, of the
Morishita English translation, we agree with appellants that
the list simply identifies alternative first materials and
second materials, i.e. alternatives to polyester as "the first
material" of an inner layer and to polyurethane as "the second
material" of an outer layer. On its face, the cited paragraph
does not refer to polymer blends nor suggest that some other
polymer be used in place of the PVC of Figures 4 and 8.
As for the 35 U.S.C. § 112 rejection, we note that
appellants submitted an amendment on May 26, 1995 (Paper No.
17) to delete the offending repetitious portion of claim 1.
The amendment has been entered. Accordingly, it would appear
that the subject rejection has been obviated by the amendment.
Therefore, the rejection is reversed.
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