Ex parte SWAIN et al. - Page 8



          Appeal No. 97-1449                                                          
          Application 08/395,214                                                      


          dimension of the boot, thereby permitting engagement of the boot            
          against the inner surface of the substrate/work piece (1).  See             
          particularly, Figures 1 and 2 of Fukawa, column 3, lines 53-58,             
          and Column 5, lines 4-10 thereof.                                           

               As for claims 2, 7, 9 and 14, it is apparent from Figures 1            
          and 2 of Fukawa that 1) the housing (3, 5) is a hollow tube                 
          structure having open ends, (2) the boot is of generally uniform            
          thickness throughout its length and is uniformly made from a                
          material having the same hardness value throughout the boot, 3)             
          the boot stretching member is coupled to the boot, and 4) the               
          stretching member (10) is a rod.                                            

               Regarding the requirement of appellants' claim 19 that the             
          boot is "adapted to form a hermetic seal with the inner surface             
          of the substrate," we direct attention to column 4, lines 43-50,            
          wherein such a seal is discussed in Fukawa.                                 

               To summarize, we have reversed the examiner's rejection of             
          claims 1, 2, 4 through 7, 9, 10 and 14 under 35 U.S.C. �102(b) as           
          being anticipated by LaRue and the examiner's rejection of claim            
          19 under 35 U.S.C. �103 based on LaRue and Petralia.  However, in           



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