Appeal No. 99-0094
Application 08/482,589
6 in the brief) is persuasive. While Zenick’s ribs or ridges
3, 86 do define a predetermined outside diameter of the
cannula 1 at a predetermined position, the disclosure of these
ribs or ridges is too ambiguous to reasonably support a
finding that they also define a predetermined outside diameter
which is substantially constant along a predetermined
position. Thus, Zenick cannot be said to disclose each and
every element of the invention set forth in claim 1.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 102(b) of claim 1, or of claims 3, 5 and 10 which depend
therefrom, as being anticipated by Zenick.
As for the standing 35 U.S.C. § 103 rejection of claims 1
through 5 and 10, Scherer discloses a method of affixing a
length
of sacrificial magnesium tubing 1 to a ferrous pipe 2 to
protect the pipe from corrosion. The method includes the
steps of
taking a tube of magnesium which has sacrificial
properties, heating it to an elevated temperature at
which it will flow when subjected to external
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