Ex parte HABERMEYER - Page 3




                 Appeal No. 96-3886                                                                                                                     
                 Application 08/275,091                                                                                                                 


                 Appealed claim 26, a copy of which is appended to appellant’s                                                                          
                 brief, is illustrative of the appealed subject matter.                                                                                 
                          The references of record relied upon by the examiner as                                                                       
                 evidence of obviousness are:                                                                                                           
                          Rose                                         3,745,998                                             Jul.                       
                 17, 1973                                                                                                                               
                          Johnson                             1,531,268                                             Nov.  8,                            
                 1978                                                                                                                                   
                          (Great Britain)                                                                                                               




                          Claims 26 to 29 stand rejected under 35 U.S.C. § 103 as                                                                       
                 being unpatentable over Rose and Johnson.   The examiner                  2                                                            
                 considers that Rose generally discloses in Figure 12 the                                                                               
                 claimed subject matter, with the exception of the use of a                                                                             
                 plastic protective sleeve that is regionally connected to the                                                                          
                 bladder 123, 124 during use (answer, page 3).  However, the                                                                            
                 examiner is of the view that it would have been obvious to one                                                                         
                 of ordinary skill in the art "to modify the casting device of                                                                          


                          2In the final rejection, claims 26 to 29 were also                                                                            
                 rejected under 35 U.S.C. § 112, first paragraph, as being                                                                              
                 based on a disclosure that fails to comply with the written                                                                            
                 description requirement of that paragraph, however, this                                                                               
                 rejection has since been withdrawn.  See page 2 of the answer.                                                                         
                                                                           3                                                                            





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