Appeal No. 97-0997
Application 08/370,851
14, 20 are nested, this would not teach one of ordinary skill
to position the chain of Freed around the periphery of the
flapper because Schoepe’s seals are to be separated from each
other by engagement with fitting 32 (col. 3, lines 36 to 43),
and when in use, seals 14 and 20 are still in the same
(coaxial) orientation relative to each other as they were when
attached to each other; cf. Figs. 1 and 3. Schoepe’s
disclosure therefore is not suggestive of the claimed assembly
having a chain engaged around the periphery of a flapper base
plate, because in such an assembly the chain is not an item
which is to be separated from the flapper by engagement with
any fittings, and in use assumes a different orientation
relative to the flapper.
Since a prima facie case of obviousness has not been
established, it is unnecessary to consider the Declarations
Under Rule 1.132 submitted by appellant.
Conclusion
The examiner’s decision to reject claims 1 and 7 is
reversed.
REVERSED
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Last modified: November 3, 2007