Appeal No. 95-4857
Application 08/101,000
Considering first the rejection of claim 1, Johansen
discloses a hose for use "as an electrically insulated paint
supply hose with air atomizing spray guns" (col. 1, lines 5
and 6). In Figs. 3 and 4, Johansen discloses an embodiment of
the hose having an inner layer 11' of a "fluorine-contained
resin," i.e., PTFE (Teflon) (col. 2, lines 29 to 32), and an
outer layer 12 of a rubber material (col. 2, lines 55 to 58).
Johansen does not specifically disclose any dimensions for
these layers, but the examiner takes the position that (1) the
thickness of each layer would be an obvious design choice,
(2) Fig. 4 of Johansen suggests the claimed structure, (3) the
claimed dimensions are simply the discovery of optimum values
of result effective variables, and (4) the declaration under2
37 CFR § 1.132 does not address the criticality set forth in3
the specification.
2Citing In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA
1980).
3Rule 132 Declaration of Tsutomu Kodama, filed April 8,
1994 (Paper No. 8).
3
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