Appeal No. 97-2966
Application 08/393,858
the application.
We REVERSE and, pursuant to our authority under the
provisions of 37 CFR § 1.196(b), enter a new rejection of the
appealed claims under 35 U.S.C. § 103.
The appellant’s invention pertains to a length of rubber
tubing with axially spaced circumferentially corrugated
segments which has been made by a particular process.
Independent claim 7 is further illustrative of the appealed
subject matter and reads as follows:2
7. A length of rubber tubing of uniform wall thickness
throughout its length and with axially spaced
circumferentially corrugated segments, made by the process
comprising the steps of:
a) positioning an end length of a sleeve of uncured
rubber over an end portion of a forming mandrel;
b) positioning about said end length, an axially
extensible, resilient forming member with sleeve-engaging
convolutions so that there is space between the convolutions;
c) expanding said end length of said sleeve radially into
engagement with said convolutions;
2Contrary to the examiner’s statement on page 3 of the
answer that the copy of the appealed claims in the appendix to
the brief is correct, we note that in subparagraph h) of claim
7 (as reproduced in the appendix to the brief) “steps 3
through g” should read -- steps c through g --.
2
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