Ex parte KIRIK - Page 4




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


               a fitting 11 by applying adhesive to the outer surface of the tubing, placing the fitting over the               
               tubing and directing hot air from a gun onto the fitting to heat shrink the fitting over the section             
               of tubing (col. 3, lines 3-14).  We also note that Benson points out that a fracture of a length of              
               tubing may be repaired by uniting the parts of the tubing on each side of the fracture to a fitting              
               such as a short length of tubing in accordance with the invention (col. 2, lines 50-53).                         
                      The examiner takes the position that a reasonable inference that one would draw from                      
               Benson is that any member that is capable of being shrunk by the application of heat is capable                  
               of being joined to another member via a "shrink-fit" (answer, page 8) and thus concludes that                    
               one of ordinary skill in the art would have found it obvious to modify the prior art fire hose-                  
               fitting method by applying an adhesive to the fitting (coupling) and then heat shrinking the hose                
               onto the fitting or, in the alternative, heat shrinking the hose onto the fitting prior to clamping              
               the hose thereto, in order to obtain a better connection (answer, pages 5-6).  As for the step of                
               wrapping the fire hose with a heating apparatus, the examiner contends that one of ordinary                      
               skill in the art would have found it obvious to heat the hose with any known device used to                      
               heat a tubular member and, thus, concludes that it would have been obvious to such a person to                   
               use the known heating apparatus discussed on page 4, lines 10-15, of the specification to heat                   
               the fire hose (answer, page 6).  The examiner considers the exact temperature to which the                       
               hose is heated to be a matter of engineering design choice, since such temperature is dependent                  
               upon the material of the hose and would be determined without undue experimentation.                             


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