Ex parte OHMI et al. - Page 2




          Appeal No. 1997-4077                                                        
          Application No. 08/441,989                                                  


               The subject matter on appeal is directed to a pipe joint               
          comprising a pair of tubular joint members made of metal                    
          having opposed end faces, a threaded nut having a side wall                 
          with an inspection window therein and a metal gasket between                
          the opposed end faces of the joint members.  The pipe joint                 
          may also include a metal retainer for holding the gasket in                 
          place against an end face of one of the joint members.  Either              
          the gasket or the retainer for holding the gasket in place is               
          distinctly colored so as to make the gasket or retainer                     
          discernible from the joint members when viewed through the                  
          inspection window.  For example, the gasket or retainer may be              
          formed of stainless steel and an oxide film may be formed on                
          the stainless steel surface thereof or the stainless steel                  
          surface may be coated with a colored resin                                  
          (specification, page 4).  Claim 1 is illustrative of the                    
          subject matter on appeal and is reproduced below:2                          

               We consider the recitation of “a pair of tubular joint members . . .2                                                                     
          each having an abutting end face” and the various recitations of “abutting end
          faces” in claims 1 and 4 to be misdescriptive because they suggest that the 
          end faces of the joint members abut or touch one another.  In fact,         
          appellants’ specification teaches that the end faces of the joint members are
          arranged opposite one another, but do not actually abut.  Accordingly, we   
          construe claims 1 and 4 as requiring simply that the gasket be interposed   
          between and that the inspection window be positioned radially aligned with  
          opposite or opposed end faces of the first and second joint members.  We also
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