Ex parte KACINES - Page 9




                 Appeal No. 1999-1747                                                                                     Page 9                        
                 Application No. 08/715,422                                                                                                             


                          first bore section for communicating with the brake hose,                                                                     
                          a second bore section for receiving a sealing arrangement                                                                     
                          that seals between the brake tube and second bore section                                                                     
                          and a third bore section for receiving the retaining                                                                          
                          element;                                                                                                                      
                                   a shoulder within the third bore section extending                                                                   
                          radially inwardly for engaging one portion [of] the                                                                           
                          retaining element to prevent axial movement of the                                                                            
                          retaining element out of the third bore section; and                                                                          
                                   a groove in the brake tube for abutting another                                                                      
                          portion of the retaining element to prevent axial                                                                             
                          movement of the tube from the connector body.                                                                                 


                          Our review of independent claim 1 reveals that we are                                                                         
                 unable to derive a proper understanding of the scope and                                                                               
                 content thereof.  Specifically, for the reasons set forth                                                                              
                 below, we are unable to determine whether claim 1 is directed                                                                          
                 to the combination of a brake hose, a brake tube and a quick                                                                           
                 connect coupling as asserted by the appellant or that claim 1                                                                          
                 is directed only to the quick connect coupling having the                                                                              
                 intended use  of coupling a brake hose to a brake tube.5                                                                                                                

                          5The manner or method in which a machine (e.g., in this                                                                       
                 case, the quick connect coupling which attaches a brake hose                                                                           
                 to a brake tube) is to be utilized is not germane to the issue                                                                         
                 of patentability of the machine itself.  See In re Casey, 370                                                                          
                 F.2d 576, 580, 152 USPQ 235, 238 (CCPA 1967).  A statement of                                                                          
                 intended use does not qualify or distinguish the structural                                                                            
                 apparatus claimed over the reference.  In re Sinex, 309 F.2d                                                                           
                 488, 492, 135 USPQ 302, 305 (CCPA 1962).  There is an                                                                                  
                                                                                                            (continued...)                              







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