Appeal No. 96-3737 Application No. 08/203,840 (e.g., see the definitions on pages 1016-1018 of Hawley's Condensed Chemical Dictionary, 11th ed.; copy attached). The examiner points to nothing which evinces that McNeal teaches or would have suggested a rubber plug which is resilient and compliant in the manner required by the appellants' claims. On the other hand, McNeal's parent independent claim 6 ("a snugly fitting thermoplastic plug") in combination with dependent claim 9 ("said plug is a rubber plug") discloses a thermoplastic rubber plug which militates against the examiner's belief that patentee's rubber plug would be resilient as claimed by the appellants. These deficiencies of the McNeal reference are not cured by either of the secondary references applied by the examiner and are fatal to each of the rejections advanced on this appeal. For this reason alone, we cannot sustain any of the examiner's above noted rejections. The decision of the examiner is reversed. REVERSED 7Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007