Ex parte HAWKINGS - Page 6




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


               The secondary references disclose sleeves of shrinkable                
          material with projection-and-recess means to join the free                  
          edges of the sleeve.  We do not find any disclosure in these                
          references which would suggest to one of ordinary skill in the              
          art such a modification of Peacock as would meet all the                    
          limitations of claim 1.  The rejection of claim 1 will                      
          therefore not be sustained.  Likewise, the rejection of claims              
          2, 5 to 10 and 12 to 14, all of which are more limited in                   
          scope than claim 1, will not be sustained.                                  


                      Rejections Pursuant to 37 CFR § 1.196(b)                        
               Pursuant to 37 CFR § 1.196(b), we enter the following                  
          rejections:                                                                 
          1.   Claims 1, 2 and 6 to 10 are rejected under 35 U.S.C.                   
          § 102(b) as anticipated by Ellis.  The Ellis patent discloses               
          a sleeve for a cable or pipe.  Referring particularly to Figs.              
          6 and 7, sleeve 50 is made from a molded tube of heat                       
          recoverable material having a circular enlarged section and a               
          rail 58 which is split longitudinally at 62, thus forming two               
          outwardly extending tab portions.  Since the sleeve is made                 
          from a preformed tube of the same material as that disclosed                
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