Ex Parte Bohacik et al - Page 14



         Appeal No. 2006-1951                                      Παγε 14                          
         Application No. 10/392,140                                                                 

         teaches away from butt welding.  Although Wenning does disclose                            
         that with butt welding it is not possible to entirely exclude the                          
         possibility of leaks (col. 1, line 34-48).  However, this                                  
         disclosure is referring to prior art structures that relied upon                           
         U or L shaped members.  In this prior art structure, it was also                           
         known to weld along adjoining flanges (col. 1, line 37).  In this                          
         prior art structure, the welding of overlapping flanges also                               
         resulted in leaks (col. 1, lines 45-48).                                                   
              In the invention of Wenning, which uses a cover 15 having a                           
         bottom portion 16, the cover is formed by a deep drawing method                            
         (col. 4, lines 49-52).  We find no disclosure in Wenning, and                              
         none has been brought to our attention by appellants, that would                           
         suggest the deep drawn bottom member 15, 16, 17 would suffer from                          
         a possible leakage problem because the embodiment of the                                   
         invention disclosed by Wenning only has straight weld lines,                               
         unlike the U or L shaped structures of the prior art disclosed by                          
         Wenning.                                                                                   
              As broadly drafted, the claim is met by the offset facing                             
         edges of the tubular element 14 of Wenning and the bottom 15, 16                           
         and 17 which are welded in an offset fashion.  We find nothing in                          
         the language of claim 12 that would preclude the facing edges of                           














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