Appeal No. 1997-2107
Application No. 08/309,577
"removing said putty application tool from said surface before
said filler material dries." On the contrary, again as
correctly indicated by the appellant, patentee explicitly
discloses leaving his dam or tool in place until the filling
compound or material is set and dried (e.g., see the paragraph
bridging columns 4 and 5 and lines 22 through 35 in column 5).
The examiner describes her position concerning the step
on page 5 of the Answer with the following language:
With respect to the instant step of removing the
tool before the filler material dries, it is noted
that this was a generally well known and
conventional technique in the art at the time of
appellant's invention to allow for quicker repeated
use of the tool, and thus one having ordinary skill
in the art would have readily recognized this as an
alternative in the process of Hardman to allow for
quicker plugging of more apertures, as was generally
well known and conventional in the art at the time
of appellant's invention.
As reflected by our earlier remarks, however, Hardman
contains disclosure which reflects that the removal step under
consideration "was a generally well known and conventional
technique in the art at the time of appellant's invention" as
asserted by the examiner. Rather, the only disclosure on the
record before us which teaches such a technique appears in the
appellant's own specification.
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