Appeal No. 97-2966
Application 08/393,858
intended for use in the claimed length of rubber tubing. We
do not agree. Page 1 of the specification expressly states
that the invention relates to the manufacture of “such tubing
in accordance with” the above-noted patents. In our view,
this statement provides a specific indication that the tubing
of the instant invention has the same features (including a
uniform wall thickness) as those disclosed by the patents
which are incorporated by reference. This being the case, we
share the appellant’s view that there is adequate descriptive
support for the limitation of a “uniform wall thickness” as
claimed.
In view of the foregoing, we will not sustain the
rejection of claims 7-9 under 35 U.S.C. § 112, first
paragraph.
Under the provisions of 37 CFR § 1.196(b) we make the
following new rejection.
Claims 7-9 are rejected under 35 U.S.C. § 103 as being
3(...continued)
70, of Patent No. 3,304,581; column 1, lines 13, 33 and 34, of
Patent No. 3,699,586; column 1, lines 13 and 14, of Patent No.
3,705,780; column 5, line 5, of Patent No. 4,053,275; and
column 5, line 8, of Patent No. 4,113,828.
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