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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