Appeal No. 97-2966
Application 08/393,858
fails to provide descriptive support for the subject matter
now being claimed. According to the examiner, there is no
support in the original disclosure for the recitations set
forth in independent claim 7 of the tubing being “of uniform
wall thickness throughout its length” and that the sleeve is
cured “with a uniform thickness.”
We will not support the examiner’s position. As the
appellant has argued:
The present application when filed, incorporated
by reference several U.S. patents [see
specification, page 1] that provide support for the
claimed feature whereby the tubing produced by the
recited process, has a uniform wall thickness. The
patents referred to are Nos. 3,168,604; 3,304,581;
3,669,586; 3,705,780; 3,975,129; 4,053,275; and
4,113,828. All of these U.S. patents issued prior
to the effective filing date (May 24, 1994) of the
present application. The present application
recites that the invention relates to an unique
variation of the method and apparatus for the
manufacture of tubing in accordance with those
patents. [Brief, page 6.]
The examiner recognizes this but, nevertheless, takes the
position that there is no specific indication that the
“uniform wall thickness” disclosed by these references is 3
3See column 1, line 15, and column 3, line 12, of Patent
No. 3,168,604; column 1, lines 18 and 19, and column 2, line
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