Appeal No. 98-0609
Application 08/490,203
from other portions, primarily for aesthetic purposes (Figure
10). Further, the patentee contemplates that different colors
may also be utilized for additional laminae (Figures 7 through
9). It is also indicated that any of the rib components and
webs of Figures 1 through 10 may be colored differently, e.g.,
for aesthetic and/or coding purposes, or where color may
enhance the environmental use of the hose, such as from heat
or ultra-violet considerations.
Clearly, Finley envisions color being added to the
flexible hose for the specified purposes. However, it is
quite apparent to us from a consideration of the Finley
document, as a whole, that one having ordinary skill in the
art would not have derived any suggestion therefrom for the
long flexible member of claim 1 with the required code along
its length that substantially continuously changes non-
repetitively for uniquely identifying position at
substantially every point along the length of the member to
facilitate untangling of the member. As we see it, only
reliance upon appellant’s own teaching and the application of
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