Ex parte TESKEY - Page 8




          Appeal No. 97-1366                                                          
          Application No. 08/281,318                                                  


          vertical cylinder" (page 1, lines 98 and 99), that is, pipe                 
          (A)                                                                         


          has a straight centerline immediately below the flange (B).                 
          In order to meet the limitation in question, the art would                  
          have to teach or suggest a tubing section defining a curved                 
          centerline immediately below the seal seat (16) of McEwen.  In              
          other words, the limitation in question precludes a tubing                  
          section defining a straight centerline immediately below the                
          seal seat.  The advantages of appellant's curved tubing                     
          section are described at pages 7 and 8 of appellant's                       
          specification.  We can find nothing in the combined teachings               
          of McEwen and McFarland which would have suggested the                      
          elimination of McFarland's upper straight section of pipe.                  
          Olsson does not cure the foregoing deficiency in the McEwen-                
          McFarland combination.                                                      
               Thus, the examiner’s conclusion that the differences                   
          between the subject matter recited in claims 1, 2, 4 through                
          7, 9 and 10 and the applied prior art are such that the                     
          subject matter as a whole would have been obvious at the time               
          the invention was made to a person having ordinary skill in                 
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