Ex parte MCJONES et al. - Page 3




          Appeal No. 2000-1280                                                        
          Application No. 09/110,785                                                  


               Boice discloses that it is known in the art to                         
               provide a similar type coupling having the                             
               configuration of the first tube 2 extending beyond                     
               the collar 9 on body second tube 4 wherein the                         
               collar 9 is press fit onto the first tube 2.  See                      
               column 3, lines 1-5.  It would have been obvious to                    
               one having ordinary skill in the art at the time the                   
               invention was made to press fit collar 48 onto tube                    
               44 of Apblett, Jr. such as taught by Boice, in order                   
               to provide a more secure coupling for the inserted                     
               tube and further to insure the two elements stay                       
               together during the welding process.                                   
               After fully considering the record in light of the                     
          arguments presented in appellants' brief and reply brief, and               
          in the examiner's answer, we conclude that the examiner's                   
          position is not well taken.  Boice discloses a different type               
          of joint from that of Apblett, and although Boice discloses in              
          a general way holding a collar 9 to be welded in position by                
          means of a shrink (interface) fit, we do not consider that                  
          this would suggest to one of ordinary skill in the art that                 
          the collar 48 of Apblett be held in position in the same                    
          manner.  Apblett discloses that the inner diameter of the                   
          collar is "just slightly larger" than the outer diameter of                 
          tube (pigtail) 44 (col. 4, lines 46 to 49), and attributes to               
          this arrangement displacement of the point of maximum bending               
          movement of tube 44 from weld 51 to the free end 48a of the                 

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