Ex Parte Collis et al - Page 2



          Appeal No. 2005-1125                                            2           
          Application No. 10/144,328                                                  

               a resilient stop pad fitted concentrically to the piston               
          rod,                                                                        
               an end cap fitted to the container tube, said end cap being            
          pressed onto the container tube by the resilient stop pad when              
          the piston rod is moved into the container tube, and                        
               a sheath tube fitted to said stop pad and to said end cap,             
          said sheath tube having at least one elastic fold and covering              
          said piston rod between said stop pad and said end cap, said                
          sheath tube, said resilient stop pad, and said end cap being                
          formed as separate parts and assembled to form a preassembled               
          unit which can stand independently of said piston rod and said              
          container tube.                                                             
                                   THE PRIOR ART                                      
               The references relied on by the examiner to support the                
          final rejection are:                                                        
          Fotino et al.              5,901,947          May  11, 1999                 
          (Fotino)                                                                    
          McCormick et al.           6,199,844          Mar. 13, 2001                 
          (McCormick)                                                                 
          Handke et al,             196 41 728          Apr. 16, 1998                 
          German Patent Document                                                      
          (Handke)                                                                    
          Fichtel & Sachs Co.,     91 09 020.2          Nov. 28, 1991                 
          German Patent Document                                                      
          (Fichtel)                                                                   
                                   THE REJECTIONS                                     
               Claims 1, 6 through 8 and 11 through 13 stand rejected under           
          35 U.S.C. § 103(a) as being unpatentable over McCormick in view             
          of Fotino.                                                                  







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