Ex parte KIRIK - Page 3




               Appeal No. 2000-0531                                                                                             
               Application No. 08/782,151                                                                                       


                                                          OPINION                                                               
                      In reaching our decision in this appeal, we have given careful consideration to the                       
               appellant's specification and claims, to the applied prior art references, and to the respective                 
               positions articulated by the appellant and the examiner.  As a consequence of our review, we                     
               make the determinations which follow.                                                                            
                      The examiner states on page 5 of the answer that the appellant's admitted prior art                       
               method on page 2 of the specification and depicted in Figure 2 includes the steps of placing a                   
               reinforced fire hose over a coupling such that a gap is created between the outer surface of the                 
               coupling and the inner surface of the hose and then clamping the hose to the coupling and the                    
               appellant does not challenge this statement.  Additionally, the examiner states on page 6 of the                 
               answer that the fire hose of the appellant's admitted prior art fitting method is presumed to be a               
               nylon reinforced fire hose.  As the appellant has not challenged this statement, we shall                        
               consider the use of a nylon reinforced fire hose to be part of the admitted prior art fitting                    
               method.                                                                                                          
                      The admitted prior art fails to teach wrapping the fire hose with a heating apparatus and                 
               then heating the hose such that the hose shrinks and engages the outer surface of the coupling,                  
               whereby no gap exists between the inner surface of the hose and the outer surface of the                         
               coupling, as required in each of the independent claims.  To address this deficiency, the                        
               examiner turns to the teachings of Benson.  Benson discloses joining a section of tubing 10 and                  


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