Ex parte BUTLER et al. - Page 6




                     Appeal No. 96-1633                                                                                                                                                
                     Application 08/119,245                                                                                                                                            


                     edge portion [of the resilient member] . . . to form a                                                                                                            
                     continuous composite joint sealing gasket.”  In article claim                                                                                                     
                     1, the composite nature of the gasket is reflected in the                                                                                                         
                     preamble, where the claim is characterized as being drawn to a                                                                                                    
                     “composite gasket,” and in the body of the claim, which states                                                                                                    
                     that the composite gasket comprises “an elongated flexible,                                                                                                       
                     resilient member[,] . . . a tacky viscous, flowable joint                                                                                                         
                     sealing composition supported [thereon,] . . . and further                                                                                                        
                     including a release substrate on                                                                                                                                  


                     said first side [of the resilient member], removably adhered                                                                                                      
                     to said sealing composition.”3                                                                                                                                    
                                Admittedly, when the Wohl sealing arrangement is in its                                                                                                
                     finished installed form (see Figure 10), the mastic 70                                                                                                            
                     provides a “wet” seal between the panel B and the support                                                                                                         
                     frame C, and the resilient sealing member A provides a “dry”                                                                                                      
                     seal between the panel and the support frame.  Thus, it would                                                                                                     

                                3As aptly pointed out by appellants on page 6 of the                                                                                                   
                     brief, presumably with respect to article claim 1, “[t]he                                                                                                         
                     recitation of the release paper serves to emphasize the                                                                                                           
                     ‘composite’ nature of the gasket having both the dry sealing                                                                                                      
                     element and the wet sealing composition in an integral                                                                                                            
                     structure prior to application.”                                                                                                                                  
                                                                                         -6-                                                                                           





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