Ex parte KODAMA et al. - Page 3




                 Appeal No. 96-1950                                                                                                                     
                 Application No. 08/099,929                                                                                                             


                 (2)  Claims 2 to 5, unpatentable over Igarashi ‘906 in view of                                                                         
                 Satoh and Nishimura;                                                                                                                   
                 (3) Claim 13, unpatentable over Igarashi ‘906 in view of Satoh                                                                         
                 and Nakaya.                                                                                                                            
                          Considering first the rejection of claim 1, we do not                                                                         
                 consider that Satoh would have taught or suggested to one of                                                                           
                 ordinary skill that the hose of Igarashi ‘906 be made with the                                                                         
                 particular layer thicknesses and thickness ratios recited in                                                                           
                 claim 1.  While Satoh does disclose a hose having layers of                                                                            
                 such thicknesses and ratios as would at least overlap those                                                                            
                 claimed, the inner layer of the Satoh hose is a fluorine                                                                               
                 rubber, rather than the claimed "fluorine-contained [sic:                                                                              
                 containing?] resin,"   the reason why Satoh uses an inner3                                                                                                  
                 layer of 0.2 to 0.7 mm is because the patentees state that                                                                             
                 they have discovered that such a thin layer of fluorine rubber                                                                         
                 will "screen" the gasoline permeating therethrough so that it                                                                          
                 will be no longer erosive to the surrounding layer of less                                                                             
                 expensive rubber (col. 3, lines 40 to 50; col. 7, lines 23 to                                                                          

                          3On December 1, 1994, appellants filed a Rule 132                                                                             
                 Declaration by Tsutomu Kodama and copies of pages from the                                                                             
                 Rubber Handbook and Modern Plastics Encyclopedia to show the                                                                           
                 differences between fluorine rubbers and fluorine resins.                                                                              
                                                                           3                                                                            





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