Ex parte HAWKINGS - Page 5




          Appeal No. 96-0043                                                          
          Application 08/059,043                                                      


          any kind of preformed tubular shape, but rather is made from a              
          fabric.  The fabric would have no tendency of its own to                    
          assume a circular shape (i.e., to bias the edges toward each                
          other), but rather is a flexible, flat material which is                    
          wrapped around the pipe or cable and its free edges,                        
          containing closure members 5, are then secured together by a                
          channel 3 or other means.  The lack of bias is illustrated by               
          Peacock's disclosure that the sleeves may be produced from the              
          (flat) fabric as it comes off the loom (see Fig. 4 and column               
          15, lines 44 to 66).                                                        
               The examiner refers to column 9, lines 47 to 49, as                    
          appearing to teach forming the edge structure of “the slit                  
          open composite” into a variety of shapes.  We do not find any               
          such teaching in these lines, which constitute part of a                    
          disclosure of various means (such as stitches or staples) for               
          joining the edges.  In particular, we find no disclosure of a               
          “slit open composite;” while there is reference to making                   
          complex tubular articles from simple tubular articles, this                 
          would appear to describe the use of a flattened tube, as                    
          disclosed at column 11, lines 2 to 9, and shown in Fig. 6.                  


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