Ex Parte Smith - Page 2



              Appeal 2007-1748                                                                                               
              Application 10/679,908                                                                                         

              Appellant filed an Appeal Brief in support of the appeal on November 23, 2005.                                 
              An Examiner’s Answer to the Appeal Brief was mailed on March 7, 2006.  A                                       
              Reply Brief was filed on May 5, 2006.                                                                          

                                             SUMMARY OF DECISION                                                             
                      We AFFIRM-IN-PART and ENTER A NEW GROUND OF REJECTION                                                  
              PURSUANT TO 37 C.F.R. § 41.50(b).                                                                              

                                                   THE INVENTION                                                             
                      Appellant claims a hydraulic coupling used in undersea drilling and                                    
              production applications which is said to involve an alignment system designed to                               
              provide proper alignment when the male and/or female member of a hydraulic                                     
              coupling is attached to a manifold plate (Specification 1: ¶0001).                                             
                      Claim 1, reproduced below, is representative of the subject matter on appeal.                          
                      1. An undersea hydraulic coupling member comprising:                                                   
                             (a) a tail;                                                                                     
                             b) at least one substantially rigid positioning member associated with                          
                      the tail, wherein the substantially rigid positioning member is in contact with                        
                      the inner bore of a manifold plate when the tail is inserted through the                               
                      manifold plate.                                                                                        
                                                                                                                            
                                                   THE REJECTION                                                             
                      The Examiner relies upon the following as evidence of anticipation:                                    
                                                             2                                                               




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