Appeal No. 98-0024
Application 08/467,306
Claim 10 is illustrative of the subject matter in issue:
10) An insulation for pipe in tubular integral form and
comprising:
a) a flexible and resilient water-tight and
vapor-tight outer tube having what was formerly
two longitudinal edges which were fused into a
unitary continuous said outer tube;
b) an insulating tube inside of said outer tube;
c) said insulating tube comprising two half
tubes for encircling said pipe;
d) a moisture barrier tube inside of said
insulating tube to define a recess for receiving
said pipe;
e) said moisture barrier tube comprising two
half tubes for encircling said pipe; and
f) said outer tube being sufficiently flexible
upon being longitudinally divided along a line
to have said two longitudinal edges and which
two longitudinal edges can be rotated with
respect to each other with said outer tube still
being unitary.
Claims 10 to 25 stand finally rejected for failure to
comply with the second paragraph of 35 USC § 112.
The examiner considers part (f) of claims 10 and 18 to be2
indefinite because in part (a) of these claims, it is recited
Claim 18, the other independent claim on appeal, recites the pipe2
insulation in combination with the pipe. Part (f) of claim 18 is identical to
part (f) of claim 10.
2
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